Greater Christchurch Regeneration Act 2016
Public Act
2016 No 14
Date of assent
7 April 2016
Commencement
see section 2
Contents
Page
1
2
Title
Commencement
7
7
Part 1
Preliminary provisions
3
4
5
6
7
8
9
10
11
Purposes
Interpretation
Transitional, savings, and related provisions
Act binds the Crown
Application of Ngāi Tahu Claims Settlement Act 1998
Geographical application of Act
Effect of Plans on exercise of powers under Act
Effect of Act on other powers
Conditions applying to exercise of powers by Minister or chief
executive
7
8
10
10
10
10
10
11
11
Part 2
Functions, powers, and processes relating to regeneration of
greater Christchurch
Subpart 1—Development and implementation of planning
instruments
Preliminary provisions
12
13
14
Overview
Interpretation in this subpart
Who may be proponent
11
12
12
1
Greater Christchurch Regeneration Act 2016
15
16
17
18
Application of provisions of this subpart to Plans
Parties must respond promptly
Section 32 and Schedule 1 of Resource Management Act 1991 not
to apply
Additional ground for rejecting request for change to RMA
document
2016 No 14
13
13
13
13
Development and amendment of Plans relating to greater
Christchurch
19
20
21
22
23
24
25
26
27
Outline for Plan or amendment relating to greater Christchurch
Proponent must seek views and finalise outline
Minister may approve outline for Plan or amendment
Proponent may modify outline for Plan or amendment if outline
declined
Development of draft Plan or amendment
Proponent must notify draft Plan or amendment and invite
comment
Proponent must finalise and submit draft Plan or amendment
Approval of Plan or amendment relating to greater Christchurch
Proponent may modify draft Plan or amendment
14
14
15
15
15
16
16
16
17
Development and amendment of Plans relating to Christchurch
district
28
29
30
31
32
33
34
35
36
37
38
39
Outline for Plan or amendment relating to Christchurch district
Proponent must seek views and finalise outline
Regenerate Christchurch must review outline and may recommend
outline to Minister
Minister must approve outline for Plan or amendment if conditions
in section 11 are met
Proponent may modify outline for Plan or amendment if outline
declined
Development of draft Plan or amendment
Regenerate Christchurch must notify draft Plan or amendment and
invite comment
Proponent must finalise and submit draft Plan or amendment
Regenerate Christchurch must review draft Plan or amendment
Regenerate Christchurch must provide recommendation to
Minister
Approval of Plan or amendment relating to Christchurch district
Proponent may modify draft Plan or amendment
17
18
19
19
20
20
20
20
21
22
22
23
Minor amendments
40
Minor amendments
23
Revocation of Plans relating to greater Christchurch
41
2
Outline for revocation of Plan relating to greater Christchurch
23
2016 No 14
42
43
44
45
46
47
48
Greater Christchurch Regeneration Act 2016
Proponent must seek views and finalise outline
Minister may approve outline for revocation
Proponent may modify outline for revocation if outline declined
Development of proposed revocation
Proponent must finalise and submit proposed revocation
Approval of revocation of Plan relating to greater Christchurch
Minister must provide reasons for declining proposed revocation
24
24
24
24
25
25
26
Revocation of Plans relating to Christchurch district
49
50
51
52
53
54
55
56
57
58
59
Outline for revocation of Plan relating to Christchurch district
Proponent must seek views and finalise outline
Regenerate Christchurch must review outline and may recommend
outline to Minister
Minister must approve outline for revocation if conditions in
section 11 are met
Proponent may modify outline for revocation if outline declined
Development of proposed revocation
Proponent must finalise and submit proposed revocation
Regenerate Christchurch must review proposed revocation
Regenerate Christchurch must provide recommendation to
Minister
Approval of revocation of Plan relating to Christchurch district
Minister must provide reasons for declining proposed revocation
26
26
27
27
27
28
28
28
29
29
30
Effect of Plans
60
61
62
63
64
Councils, etc, not to act inconsistently with Plan
Councils to amend documents if required
Section 88A(1A) of Resource Management Act 1991 not to apply
Relationship to other instruments
Status of Plans under Legislation Act 2012
30
31
31
32
33
Suspension, amendment, or revocation of RMA document, council
plan, etc
65
66
67
68
69
70
71
72
73
Proposal for exercise of power in section 71
Proponent must seek views and finalise proposal
Minister may decide to proceed with proposal
Minister must invite public comment
Approval of proposal for exercise of power
Minister must provide reasons for declining proposal to exercise
power
Minister may suspend, amend, or revoke RMA document, council
plan, etc
Contents of notice under section 71
Status of notice under Legislation Act 2012
33
33
34
34
34
35
35
36
36
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Greater Christchurch Regeneration Act 2016
2016 No 14
Subpart 2—Dealing with land and other property
Surveys
74
75
76
Approval of cadastral survey datasets
New surveys
Disputes
36
37
38
Building works, etc
77
78
79
80
81
82
83
84
85
Works
First notice requirement for work carried out on private land
Additional requirements for demolition work carried out under
section 77
Second notice requirement for work carried out on private land
Chief executive may apply to High Court for order that owner or
occupier vacate land or building
Authorised persons may enter private land to carry out work under
section 77
Compensation for demolition of buildings
Compensation for damage to other property caused by demolition
of building
Temporary buildings
38
39
39
40
40
40
41
41
41
Access and roads
86
87
88
Access to areas or buildings
Prohibiting and restricting public access, closing and stopping
roads, etc
Offences relating to access and roads
42
42
43
Power to direct owner to act
89
90
Power to direct owner to act for benefit of adjoining or adjacent
owners
Offence to fail to comply with direction
43
43
Acquisition and other dealing with property
91
Acquisition and other dealing with property
44
Other dealing with land
92
93
94
95
96
97
98
99
100
4
Declarations by Minister concerning land
Subdividing land, etc
Amalgamation of land
Minister must consult Minister of Conservation in certain cases
Notice of intention to vest land in the Crown
Effect of notice of intention to vest land in the Crown
Notice of intention to amalgamate land
Effect of notice of intention to amalgamate land
Minister may publish vesting notice and amalgamation notice
together
44
44
45
45
45
45
46
46
46
2016 No 14
101
Greater Christchurch Regeneration Act 2016
Notice to be registered
46
Compulsory acquisition of land
102
103
104
105
106
Preconditions to exercise of power in sections 103 to 106
Notice of intention to take land
Proclamation
Proclamation to be registered
Vacant possession
47
47
48
49
49
Disposal of land
107
108
109
Disposal of land
Certain land to be disposed of under section 107 subject to offer
back provisions in Public Works Act 1981
Certain compulsorily acquired land to be disposed of under section
107 must be offered back
49
50
50
Subpart 3—Compensation under this Act
110
111
112
113
114
115
116
117
When this subpart applies
Meaning of compensation
Entitlement to compensation
Procedure for claiming compensation
Minister determines compensation
Time for making determination
Exercise of power unaffected by claim for compensation
No compensation except as provided by this Act
51
51
51
51
52
52
52
53
Subpart 4—Appeal rights
118
119
120
Appeal
Exceptions to exclusion of appeals
Appeal from High Court and in some cases from Court of Appeal
53
53
54
Subpart 5—Regenerate Christchurch
121
122
123
124
125
Establishment and status of Regenerate Christchurch
Purpose and objectives of Regenerate Christchurch
Functions of Regenerate Christchurch
Powers of Regenerate Christchurch
Area of Regenerate Christchurch
54
54
55
55
55
Board of Regenerate Christchurch
126
127
128
Board’s role
Membership of board
Chairperson of board
55
56
56
Further provisions relating to Regenerate Christchurch
129
130
131
Further provisions relating to Regenerate Christchurch
Role of Christchurch City Council and Minister
Letter of expectations
56
56
57
5
Greater Christchurch Regeneration Act 2016
132
133
134
135
136
Direction to amend statement of intent or statement of performance
expectations
Acts done before commencement
Successor organisation
Regenerate Christchurch’s income exempt from income tax
Application of certain Acts
2016 No 14
58
58
58
59
59
Subpart 6—Transfer of assets, liabilities, and land
137
138
139
140
141
142
Interpretation in this subpart
Regenerate Christchurch may transfer assets and liabilities
Notice of transfer
Residual assets and liabilities transferred to successor organisation
Transfer of Crown agreements, etc
Transfer of Crown assets, liabilities, and land to Ōtākaro Limited
59
59
60
60
60
61
Transfer of designations to Ōtākaro Limited
143
Transfer of designations to Ōtākaro Limited
61
Transfer does not affect rights, etc
144
Transfer does not affect rights, etc
62
Subpart 7—Miscellaneous provisions
145
Protection from liability
62
Repeal of Canterbury Earthquake Recovery Act 2011 and related
matters
146
147
148
149
Repeal, revocations, and validation
Continuation, amendment, and validation of certain Orders in
Council
Power to revoke Orders in Council continued by section 147
Application of Legislation Act 2012
63
63
64
64
Annual review
150
Annual review of Act
64
Repeal, amendments, and revocations
151
152
6
Repeal of this Act and revocations
Consequential amendments and revocation
65
65
Schedule 1
Transitional, savings, and related provisions
66
Schedule 2
Description of greater Christchurch
69
Schedule 3
Description of Christchurch residential red zone
72
Schedule 4
Form
75
2016 No 14
Greater Christchurch Regeneration Act 2016
Part 1 s 3
Schedule 5
Provisions applying in relation to Regenerate Christchurch
77
Schedule 6
Legislative instruments revoked
106
Schedule 7
Legislative instruments continued and amended
108
Schedule 8
Consequential amendments and revocation
112
The Parliament of New Zealand enacts as follows:
1
Title
This Act is the Greater Christchurch Regeneration Act 2016.
2
Commencement
(1)
This Act comes into force on 19 April 2016.
(2)
However, Part 1 and subparts 5 and 6 of Part 2 come into force on the day after
the date on which this Act receives the Royal assent.
Part 1
Preliminary provisions
3
Purposes
(1)
This Act supports the regeneration of greater Christchurch through the following purposes:
(2)
(a)
enabling a focused and expedited regeneration process:
(b)
facilitating the ongoing planning and regeneration of greater Christchurch:
(c)
enabling community input into decisions on the exercise of powers
under section 71 and the development of Regeneration Plans:
(d)
recognising the local leadership of Canterbury Regional Council, Christchurch City Council, Regenerate Christchurch, Selwyn District Council,
Te Rūnanga o Ngāi Tahu, and Waimakariri District Council and providing them with a role in decision making under this Act:
(e)
enabling the Crown to efficiently and effectively manage, hold, and dispose of land acquired by the Crown under the Canterbury Earthquake
Recovery Act 2011 or this Act.
In this Act,—
regeneration means—
7
Part 1 s 4
(a)
(b)
Greater Christchurch Regeneration Act 2016
2016 No 14
rebuilding, in response to the Canterbury earthquakes or otherwise, including—
(i)
extending, repairing, improving, subdividing, or converting land:
(ii)
extending, repairing, improving, converting, or removing infrastructure, buildings, and other property:
improving the environmental, economic, social, and cultural well-being,
and the resilience, of communities through—
(i)
urban renewal and development:
(ii)
restoration and enhancement (including residual recovery activity)
urban renewal means the revitalisation or improvement of an urban area, and
includes—
(a)
rebuilding:
(b)
the provision and enhancement of community facilities and public open
space.
Compare: 2011 No 12 s 3
4
Interpretation
In this Act, unless the context otherwise requires,—
agreement includes any contract, arrangement, or understanding
chief executive, in relation to a provision of this Act, means the chief executive of the department of State that, with the authority of the Prime Minister, is
responsible for the administration of that provision
Christchurch central city means the area bounded by Bealey Avenue, Fitzgerald Avenue, Moorhouse Avenue, Deans Avenue, and Harper Avenue
Christchurch district means the district of Christchurch City Council
council means Canterbury Regional Council, Christchurch City Council, Selwyn District Council, or Waimakariri District Council
council organisation has the same meaning as in section 6 of the Local Government Act 2002
dangerous building means a building that is a dangerous building within the
meaning of section 121 of the Building Act 2004 or an earthquake-prone building within the meaning of section 122 of that Act
enactment has the same meaning as in section 29 of the Interpretation Act
1999 and includes any plan, programme, bylaw, or rule made under any Act
greater Christchurch means the area described in clause 1 of Schedule 2
Hagley Park Management Plan means the management plan adopted for
Hagley Park in 2007 under the Reserves Act 1977
heritage protection authority has the same meaning as in section 187 of the
Resource Management Act 1991
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Greater Christchurch Regeneration Act 2016
2016 No 14
Part 1 s 4
land includes an interest in land
Lyttelton Port Recovery Plan means the Lyttelton Port Recovery Plan notified in the Gazette on 19 November 2015, 2015-go6780
Minister means, in relation to any provision of this Act, the Minister of the
Crown who, with the authority of the Prime Minister, is for the time being responsible for the administration of that provision
Plan means a Regeneration Plan or a Recovery Plan, as relevant
Recovery Plan—
(a)
(b)
means the following Recovery Plans approved under section 21(2) of the
Canterbury Earthquake Recovery Act 2011:
(i)
Christchurch Central Recovery Plan notified in the Gazette on
31 July 2012, at p 2511:
(ii)
Land Use Recovery Plan notified in the Gazette on 6 December
2013, at p 4517:
(iii)
Residential Red Zone Offer Recovery Plan notified in the Gazette
on 23 April 2015, 2015-go4483:
(iv)
Lyttelton Port Recovery Plan:
includes, on and from its notification in the Gazette in accordance with
clause 4 of Schedule 1, the Waimakariri Residential Red Zone Recovery
Plan
Regenerate Christchurch means the entity established by section 121
regeneration has the meaning given to it in section 3(2)
Regeneration Plan means a Regeneration Plan approved under section 26 or
38
requiring authority has the same meaning as in section 2(1) of the Resource
Management Act 1991
RMA document—
(a)
(b)
means any of the following under the Resource Management Act 1991:
(i)
a regional policy statement:
(ii)
a proposed regional policy statement:
(iii)
a proposed plan:
(iv)
a plan; and
includes a change or variation to any document listed in paragraph (a)
strategic partners means Canterbury Regional Council, Christchurch City
Council, Selwyn District Council, Te Rūnanga o Ngāi Tahu, and Waimakariri
District Council
successor organisation means the council-controlled organisation approved in
accordance with section 134
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Greater Christchurch Regeneration Act 2016
2016 No 14
urban renewal has the meaning given to it in section 3(2)
working day means a day of the week other than—
5
(a)
a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and
(b)
the day the anniversary of Canterbury is observed in greater Christchurch; and
(c)
if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
(d)
a day in the period commencing on 20 December in any year and ending
with 10 January in the following year.
Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
have effect according to their terms.
6
Act binds the Crown
This Act binds the Crown.
7
Application of Ngāi Tahu Claims Settlement Act 1998
(1)
Nothing in this Act affects the operation of the Ngāi Tahu Claims Settlement
Act 1998.
(2)
To avoid doubt, if a Minister or, as the case may be, a chief executive wishes to
exercise his or her power under this Act to dispose of land or to amalgamate
land to which the Ngāi Tahu Claims Settlement Act 1998 applies, he or she
must do so in accordance with the Ngāi Tahu Claims Settlement Act 1998.
(3)
For the purpose of the Ngāi Tahu Claims Settlement Act 1998, an amalgamation of land under this Act is a disposition of land.
Compare: 2011 No 12 s 59
8
Geographical application of Act
The powers and functions conferred by or under this Act are conferred in respect of greater Christchurch and do not apply outside of that area.
9
Effect of Plans on exercise of powers under Act
(1)
Unless expressly required in this Act, when exercising a particular power under
this Act, the person exercising it need not consider any Recovery Plan or Regeneration Plan relating to the matter.
(2)
If a Minister or chief executive proposes to exercise a power under this Act and
there is no Recovery Plan or Regeneration Plan relating to that matter, it is not
necessary, in order for the power to be exercised, for any person to propose,
promote, or approve a Regeneration Plan relating to that matter.
10
2016 No 14
10
Greater Christchurch Regeneration Act 2016
Part 2 s 12
Effect of Act on other powers
If powers are available under this Act to a Minister or a chief executive,—
(a)
the Minister or chief executive, as the case may be, may, in his or her
complete discretion, elect to use any other power available to the Minister or chief executive, whether under any other enactment or otherwise;
and
(b)
nothing in this Act applies to the exercise of that other power.
11
Conditions applying to exercise of powers by Minister or chief executive
(1)
A Minister or a chief executive must ensure that, when he or she exercises or
claims his or her powers, rights, and privileges under this Act, he or she does
so in accordance with 1 or more of the purposes of the Act.
(2)
A Minister or a chief executive may exercise or claim a power, right, or privilege under this Act where he or she reasonably considers it necessary.
(3)
This section is subject to sections 77, 85, 91, 92, 93, 94, 107, 141, 142, and
143.
Compare: 2011 No 12 s 10
Part 2
Functions, powers, and processes relating to regeneration of greater
Christchurch
Subpart 1—Development and implementation of planning instruments
Preliminary provisions
12
Overview
(1)
This subpart provides for—
(a)
preliminary matters, including the interpretation of certain terms (see
sections 13 to 18):
(b)
the development and approval of Regeneration Plans and amendments to
Plans that relate to an area of greater Christchurch (see sections 19 to
27):
(c)
the development and approval of Regeneration Plans and amendments to
Plans that relate to an area of Christchurch district (and not to any area
outside that district) (see sections 28 to 39):
(d)
minor amendments to Plans (see section 40):
(e)
the revocation of Plans that relate to an area of greater Christchurch (see
sections 41 to 48):
(f)
the revocation of Plans that relate to an area of Christchurch district (and
not to any area outside that district) (see sections 49 to 59):
11
Part 2 s 13
(g)
Greater Christchurch Regeneration Act 2016
2016 No 14
the effect of Plans, which includes—
(i)
requiring persons exercising powers or performing functions
under the Resource Management Act 1991 not to act inconsistently with a Plan in relation to certain matters under that Act (see
section 60); and
(ii)
requiring councils to amend RMA documents if a Plan requires it
(see section 61):
(h)
further provisions concerning Plans, their effect, and their status (see
sections 62 to 64):
(i)
the Minister’s power to suspend, amend, or revoke all or part of an RMA
document or other plan, strategy, or policy (see sections 65 to 73).
(2)
This section is only a guide to the general scheme and effect of this subpart.
13
Interpretation in this subpart
In this subpart,—
Christchurch residential red zone means the area described in Schedule 3
proponent means a party that proposes—
(a)
the development of a Regeneration Plan:
(b)
the amendment of a Recovery Plan or Regeneration Plan:
(c)
the revocation of all or part of a Recovery Plan or Regeneration Plan:
(d)
the exercise of the power in section 71
publicly available means available on an Internet site to which the public has
free access
publish, in relation to a notice or any other document, means to publish the notice or document—
(a)
in the Gazette; and
(b)
in 1 or more newspapers circulating in greater Christchurch; and
(c)
on an Internet site to which the public has free access.
14
Who may be proponent
(1)
Any of the following parties may be a proponent:
(a)
a strategic partner:
(b)
Regenerate Christchurch:
(c)
the chief executive.
(2)
Subsection (1) is subject to subsections (3) to (6).
(3)
Regenerate Christchurch may not be a proponent in relation to a Plan or the exercise of the power in section 71 unless the Plan or the exercise of the power
relates to an area of Christchurch district.
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2016 No 14
(4)
Greater Christchurch Regeneration Act 2016
Part 2 s 18
Only Regenerate Christchurch may be the proponent in relation to a Plan or the
exercise of the power in section 71 that—
(a)
relates to an area that includes any of the Christchurch residential red
zone; and
(b)
does not relate to any area outside Christchurch district.
(5)
A territorial authority may not be a proponent in relation to a Plan or an exercise of the power in section 71 that relates to more than 1 district unless the
territorial authority does so jointly with every other territorial authority to
whose district the Plan or the exercise of power relates.
(6)
If subsection (5) applies,—
(a)
every reference to a proponent in this subpart must be read as a reference
to the joint proponents (and the provisions of this subpart apply accordingly, with any necessary modifications); and
(b)
the joint proponents must agree before taking any step that a proponent
may or must take under this subpart.
15
Application of provisions of this subpart to Plans
(1)
Sections 19 to 27 and 41 to 48 apply to a Plan that relates to any area of greater
Christchurch.
(2)
However, in the case of a Plan that relates to any area of Christchurch district
and not to any area outside that district,—
(a)
sections 28 to 39 and 49 to 59 apply to the Plan; and
(b)
sections 19 to 27 and 41 to 48 do not apply to the Plan.
16
Parties must respond promptly
(1)
If a proponent or the Minister seeks the views of another party in accordance
with this subpart, the party must provide its views within 30 working days after
receiving a request to do so.
(2)
If a party fails to provide its views in that time, the proponent or the Minister
may proceed on the basis that the party has no views on the matter.
17
Section 32 and Schedule 1 of Resource Management Act 1991 not to apply
Nothing in section 32 or Schedule 1 of the Resource Management Act 1991 applies to an action taken under this subpart.
18
Additional ground for rejecting request for change to RMA document
(1)
This section applies if a local authority receives a request under clause 21 of
Schedule 1 of the Resource Management Act 1991 to change the RMA document.
(2)
The local authority may reject the request in whole or in part on the ground
that, within the last 2 years, the substance of the request or part of the request
13
Part 2 s 19
Greater Christchurch Regeneration Act 2016
2016 No 14
has been considered and given effect to, or rejected, under this subpart, under
subpart 3 of Part 2 of the Canterbury Earthquake Recovery Act 2011, or under
the replacement district plan process provided for by the Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014.
(3)
The ground specified in subsection (2) is in addition to the grounds specified in
clause 25(4) of Schedule 1 of the Resource Management Act 1991.
Development and amendment of Plans relating to greater Christchurch
19
Outline for Plan or amendment relating to greater Christchurch
(1)
A proponent that proposes the development of a Regeneration Plan or the
amendment of a Recovery Plan or Regeneration Plan referred to in section
15(1) must prepare a concise draft outline.
(2)
The draft outline must contain the following:
(a)
an explanation of what the Plan or amendment is intended to achieve;
and
(b)
a description of the proposed scope of the Plan or amendment (that is,
the places, things, and time periods to which the Plan or amendment will
apply); and
(c)
an explanation of how the proponent expects the Plan or amendment to
meet 1 or more of the purposes of this Act; and
(d)
the proposed process for the development of the Plan or amendment, including—
(e)
(i)
the expected time frames for developing the draft Plan or amendment:
(ii)
the time frame for the Minister to decide whether to approve the
draft Plan or amendment under section 26:
(iii)
the opportunities for public engagement in relation to the draft
Plan or amendment:
(iv)
who will draft the Plan or amendment and carry out public engagement:
(v)
how the cost of developing the draft Plan or amendment will be
met; and
a draft of the notice that would be published under section 21(3) if the
outline were approved.
(3)
The proposed opportunities for public engagement must include, as a minimum, the requirements set out in section 24(1).
20
Proponent must seek views and finalise outline
(1)
The proponent must provide the draft outline prepared under section 19 to, and
seek the views of, each of the following parties that is not the proponent:
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2016 No 14
(2)
Greater Christchurch Regeneration Act 2016
Part 2 s 23
(a)
the strategic partners:
(b)
Regenerate Christchurch:
(c)
the chief executive:
(d)
in the case of a proposal to amend the Lyttelton Port Recovery Plan, Lyttelton Port Company Limited.
The proponent must—
(a)
finalise the draft outline, making any modifications that the proponent
thinks appropriate; and
(b)
submit the outline to the Minister for approval, together with a concise
statement recording the views provided under subsection (1).
21
Minister may approve outline for Plan or amendment
(1)
The Minister must approve or decline an outline that has been finalised in accordance with section 20.
(2)
In making a decision, the Minister must—
(3)
(a)
have particular regard to the views of the strategic partners and Regenerate Christchurch recorded in the statement provided under section 20(2);
and
(b)
consider the views of the chief executive and, if section 20(1)(d) applies,
Lyttelton Port Company Limited recorded in that statement.
If the Minister approves the outline, the proponent must publish a notice that—
(a)
summarises the matters contained in the outline; and
(b)
specifies where the full outline can be inspected.
22
Proponent may modify outline for Plan or amendment if outline declined
(1)
If the Minister declines an outline under section 21, the Minister must provide
reasons for his or her decision to the proponent.
(2)
The proponent may make any modifications to the declined outline that the
proponent thinks fit.
(3)
If the proponent modifies the outline in accordance with subsection (2), sections 20 and 21 and this section apply accordingly.
(4)
However, subsections (2) and (3) do not apply if the Minister, having declined
a modified outline, indicates that he or she will not consider further modifications of that outline.
23
Development of draft Plan or amendment
(1)
If the Minister approves an outline under section 21, the proponent must develop a draft Plan or amendment in accordance with the outline.
(2)
The proponent must, in developing the draft Plan or amendment, seek the
views of each of the following that is not the proponent:
15
Part 2 s 24
Greater Christchurch Regeneration Act 2016
2016 No 14
(a)
the strategic partners:
(b)
Regenerate Christchurch:
(c)
the chief executive:
(d)
in the case of a proposal to amend the Lyttelton Port Recovery Plan, Lyttelton Port Company Limited.
24
Proponent must notify draft Plan or amendment and invite comment
(1)
When the proponent has developed the draft Plan or amendment under section
23, the proponent must publish a notice that—
(a)
advises where the draft Plan or amendment can be inspected; and
(b)
invites written comments on the draft Plan or amendment to be provided
to the proponent in the manner and by the date specified in the notice.
(2)
The notice must also advise of any other opportunity for public engagement in
relation to the draft Plan or amendment (including any opportunity identified in
the outline approved under section 21).
(3)
The proponent must, at the time the proponent publishes the notice, ensure that
a concise statement recording the views provided under section 23 is made
publicly available.
25
Proponent must finalise and submit draft Plan or amendment
(1)
The proponent must—
(a)
consider the comments and other input provided under section 24; and
(b)
finalise the draft Plan or amendment, making any changes that the proponent thinks appropriate; and
(c)
submit the draft Plan or amendment to the Minister for approval, together with—
(i)
advice on whether the draft Plan or amendment has been developed in accordance with the outline approved under section 21;
and
(ii)
a concise statement summarising the comments and other input
provided under section 24; and
(iii)
advice on how the views and comments provided under sections
23 and 24 have been considered and, if relevant, addressed.
(2)
The proponent must, at the time the proponent submits the draft Plan or amendment, ensure that the statement summarising the comments and other input is
made publicly available.
26
Approval of Plan or amendment relating to greater Christchurch
(1)
The Minister must approve or decline a draft Plan or amendment that has been
finalised in accordance with section 25.
16
2016 No 14
(2)
(3)
Greater Christchurch Regeneration Act 2016
Part 2 s 28
In making a decision, the Minister must—
(a)
seek and have particular regard to the views of the strategic partners and
Regenerate Christchurch:
(b)
seek and consider the views of the chief executive and, if section
23(2)(d) applies, Lyttelton Port Company Limited:
(c)
consider whether the draft Plan or amendment has been developed in accordance with the outline approved under section 21:
(d)
consider the advice and the statement provided under section 25(1)(c):
(e)
consider the fiscal and financial implications of the draft Plan or amendment:
(f)
consider whether the draft Plan or amendment is in the public interest.
If the Minister approves the Plan or amendment, the Minister must publish a
notice that specifies—
(a)
the approval:
(b)
the date on which the Plan or amendment takes effect:
(c)
where the Plan or amended Plan can be inspected.
27
Proponent may modify draft Plan or amendment
(1)
If the Minister declines to approve a draft Plan or amendment under section 26,
the Minister must provide reasons for his or her decision to the proponent.
(2)
The proponent may make any modifications to the draft Plan or amendment
that the proponent thinks appropriate.
(3)
If the proponent modifies the draft Plan or amendment in accordance with subsection (2), sections 23(2) and 24 to 26 and this section apply accordingly.
(4)
However, if the proponent modifies a discrete part or discrete parts of the draft
Plan or amendment, the proponent is not required, in relation to any unmodified part of the draft Plan or amendment, to—
(5)
(a)
seek views on the unmodified part under section 23(2):
(b)
notify the unmodified part or invite written comment or undertake public
engagement on it under section 24.
Subsections (2) and (3) do not apply if the Minister, having declined a modified
draft Plan or amendment, indicates that he or she will not consider further
modifications of that draft Plan or amendment.
Development and amendment of Plans relating to Christchurch district
28
Outline for Plan or amendment relating to Christchurch district
(1)
A proponent that proposes the development of a Regeneration Plan or the
amendment of a Recovery Plan or Regeneration Plan referred to in section
15(2) must prepare a concise draft outline.
17
Part 2 s 29
(2)
Greater Christchurch Regeneration Act 2016
2016 No 14
The draft outline must contain the following:
(a)
an explanation of what the Plan or amendment is intended to achieve;
and
(b)
a description of the proposed scope of the Plan or amendment (that is,
the places, things, and time periods to which the Plan or amendment will
apply); and
(c)
an explanation of how the proponent expects the Plan or amendment to
meet 1 or more of the purposes of this Act; and
(d)
the proposed process for the development of the Plan or amendment, including—
(e)
(i)
the expected time frames for developing the draft Plan or amendment:
(ii)
the time frame for the Minister to decide whether to approve the
draft Plan or amendment under section 38:
(iii)
if applicable, time frames for Regenerate Christchurch to perform
the functions set out in sections 36 and 37:
(iv)
the opportunities for public engagement in relation to the draft
Plan or amendment:
(v)
who will draft the Plan or amendment and carry out public engagement:
(vi)
how the cost of developing the draft Plan or amendment will be
met; and
a draft of the notice that would be published under section 31(3) if the
outline were approved.
(3)
The proposed opportunities for public engagement specified in the draft outline
must include, as a minimum, the requirements set out in section 34(1).
29
Proponent must seek views and finalise outline
(1)
The proponent must provide the draft outline prepared under section 28 to, and
seek the views of, each of the following parties that is not the proponent:
(2)
(a)
Christchurch City Council:
(b)
Canterbury Regional Council:
(c)
Te Rūnanga o Ngāi Tahu:
(d)
Regenerate Christchurch:
(e)
Ōtākaro Limited:
(f)
the chief executive.
The proponent must—
(a)
18
finalise the draft outline, making any modifications that the proponent
thinks appropriate:
2016 No 14
(b)
Greater Christchurch Regeneration Act 2016
Part 2 s 31
submit the outline, together with a concise statement recording the views
provided under subsection (1),—
(i)
to the Minister for approval under section 31 if the proponent is
Regenerate Christchurch; or
(ii)
in every other case, to Regenerate Christchurch for review under
section 30.
(3)
If section 14(4) applies, Regenerate Christchurch must not submit an outline to
the Minister without Ōtākaro Limited’s consent.
(4)
Ōtākaro Limited may not withhold its consent except for reasons that are consistent with 1 or more of the purposes of this Act.
30
Regenerate Christchurch must review outline and may recommend outline
to Minister
(1)
Regenerate Christchurch must review an outline that has been submitted to it
under section 29(2) and decide whether to recommend the outline to the Minister for approval.
(2)
In making a decision, Regenerate Christchurch must consider the views recorded in the statement provided under section 29(2).
(3)
Regenerate Christchurch may amend the outline (including by changing the
proponent for the purposes of sections 32 to 39 to itself or to another party who
could have prepared the outline) before recommending the outline to the Minister.
(4)
Regenerate Christchurch must—
(a)
recommend the outline to the Minister and submit it to the Minister for
approval; or
(b)
decline to recommend the outline to the Minister for approval.
(5)
If Regenerate Christchurch declines to recommend the outline to the Minister
for approval, Regenerate Christchurch must provide reasons for its decision to
the proponent.
31
Minister must approve outline for Plan or amendment if conditions in
section 11 are met
(1)
The Minister must approve or decline an outline that has been submitted in accordance with section 29(2) or 30.
(2)
If the Minister considers that approving the outline is an exercise of power permitted by section 11, he or she must approve the outline.
(3)
If the Minister approves the outline, Regenerate Christchurch must publish a
notice that—
(a)
summarises the matters contained in the outline; and
(b)
specifies where the full outline can be inspected.
19
Part 2 s 32
Greater Christchurch Regeneration Act 2016
2016 No 14
(4)
If the Minister declines the outline, the Minister must provide reasons for his or
her decision to Regenerate Christchurch.
32
Proponent may modify outline for Plan or amendment if outline declined
(1)
Subsections (2) and (3) apply if—
(a)
Regenerate Christchurch declines to recommend an outline to the Minister for approval under section 30; or
(b)
the Minister declines an outline under section 31.
(2)
The proponent may make any modifications to the outline that the proponent
thinks fit.
(3)
If the proponent modifies the outline in accordance with subsection (2), sections 29 to 31 and this section apply accordingly.
(4)
However, subsections (2) and (3) do not apply if the Minister, having declined
a modified outline, indicates that he or she will not consider further modifications of that outline.
33
Development of draft Plan or amendment
(1)
If the Minister approves an outline under section 31, the proponent must develop a draft Plan or amendment in accordance with the outline.
(2)
The proponent must, in developing the draft Plan or amendment, seek the
views of each party specified in section 29(1).
34
Regenerate Christchurch must notify draft Plan or amendment and invite
comment
(1)
When the proponent has developed the draft Plan or amendment under section
33, Regenerate Christchurch must publish a notice that—
(a)
advises where the draft Plan or amendment can be inspected; and
(b)
invites written comments on the draft Plan or amendment to be provided
to the proponent in the manner and by the date specified in the notice.
(2)
The notice must also advise of any other opportunity for public engagement in
relation to the draft Plan or amendment (including any opportunity identified in
the outline approved under section 31).
(3)
The proponent must, at the time Regenerate Christchurch publishes the notice,
ensure that a concise statement recording the views provided under section 33
is made publicly available.
35
Proponent must finalise and submit draft Plan or amendment
(1)
The proponent must—
20
(a)
consider the comments and other input provided under section 34; and
(b)
finalise the draft Plan or amendment, making any changes that the proponent thinks appropriate; and
2016 No 14
(c)
(2)
Greater Christchurch Regeneration Act 2016
Part 2 s 36
submit the draft Plan or amendment, together with the material specified
in subsection (2),—
(i)
to the Minister for approval under section 38 if the proponent is
Regenerate Christchurch; or
(ii)
in every other case, to Regenerate Christchurch for review under
section 36.
The material referred to in subsection (1)(c) is—
(a)
a concise statement recording the views provided under section 33:
(b)
a concise statement summarising the comments and other input provided
under section 34:
(c)
if the proponent is Regenerate Christchurch,—
(i)
advice on whether the draft Plan or amendment has been developed in accordance with the outline approved under section 31:
(ii)
advice on how the views and comments provided under sections
33 and 34 have been considered and, if relevant, addressed.
(3)
The proponent must, at the time the proponent submits the draft Plan or amendment, ensure that the statement summarising the comments and other input is
made publicly available.
(4)
If section 14(4) applies, Regenerate Christchurch must not submit a draft Plan
or amendment to the Minister without Ōtākaro Limited’s consent.
(5)
Ōtākaro Limited may not withhold its consent except for reasons that are consistent with 1 or more of the purposes of this Act.
36
Regenerate Christchurch must review draft Plan or amendment
(1)
Regenerate Christchurch must review a draft Plan or amendment that has been
submitted to it under section 35(1).
(2)
In reviewing the draft Plan or amendment, Regenerate Christchurch must—
(a)
consider the views and comments recorded in each of the statements
provided under section 35(2):
(b)
consider whether the draft Plan or amendment has been developed in accordance with the outline approved under section 31.
(3)
Regenerate Christchurch may amend the draft Plan or amendment.
(4)
Regenerate Christchurch must seek the views of the following on any material
amendment it proposes to make to the draft Plan or amendment:
(a)
each party specified in section 29(1):
(b)
any other party that Regenerate Christchurch thinks appropriate.
21
Part 2 s 37
Greater Christchurch Regeneration Act 2016
2016 No 14
37
Regenerate Christchurch must provide recommendation to Minister
(1)
Regenerate Christchurch must submit a draft Plan or amendment it has reviewed under section 36 (as amended under section 36(3), if applicable) to the
Minister, together with a report that contains Regenerate Christchurch’s recommendation on whether the Minister should approve the draft Plan or amendment.
(2)
The report must also contain the following:
(a)
advice on whether the draft Plan or amendment has been developed in
accordance with the outline approved under section 31:
(b)
the statements provided under section 35(2):
(c)
a description of any amendments to the draft Plan or amendment that are
made by Regenerate Christchurch under section 36(3) (including its reasons for making those amendments):
(d)
a concise statement recording the views provided in relation to any material amendments under section 36(4):
(e)
advice on how the views and comments provided to the proponent under
sections 33 and 34 and the views provided to Regenerate Christchurch
under section 36(4) have been considered and, if relevant, addressed.
38
Approval of Plan or amendment relating to Christchurch district
(1)
The Minister must approve or decline a draft Plan or amendment that has been
submitted to the Minister in accordance with section 35 or 37.
(2)
In making a decision, the Minister must,—
(a)
(3)
22
if Regenerate Christchurch is the proponent,—
(i)
have particular regard to the views of Regenerate Christchurch:
(ii)
consider the material specified in section 35(2):
(b)
if any other party is the proponent, have particular regard to Regenerate
Christchurch’s report:
(c)
consider whether the draft Plan or amendment has been developed in accordance with the outline approved under section 31:
(d)
consider the fiscal and financial implications of the draft Plan or amendment:
(e)
consider whether the draft Plan or amendment is in the public interest.
If the Minister approves the Plan or amendment, the Minister must publish a
notice that specifies—
(a)
the approval:
(b)
the date on which the Plan or amendment takes effect:
(c)
where the Plan or amended Plan can be inspected.
2016 No 14
Greater Christchurch Regeneration Act 2016
Part 2 s 41
39
Proponent may modify draft Plan or amendment
(1)
If the Minister declines to approve a draft Plan or amendment under section 38,
the Minister must provide reasons for his or her decision to Regenerate Christchurch.
(2)
The proponent may make any modifications to the draft Plan or amendment
that the proponent thinks appropriate.
(3)
If the proponent modifies the draft Plan or amendment in accordance with subsection (2), sections 33(2) and 34 to 38 and this section apply accordingly.
(4)
However, if the proponent modifies a discrete part or discrete parts of the draft
Plan or amendment, it is not necessary, in relation to any unmodified part of the
draft Plan or amendment, to—
(5)
(a)
seek views on the unmodified part under section 33(2):
(b)
notify the unmodified part or invite written comment or undertake public
engagement on it under section 34.
Subsections (2) and (3) do not apply if the Minister, having declined a modified
draft Plan or amendment, indicates that he or she will not consider further
modifications of that draft Plan or amendment.
Minor amendments
40
Minor amendments
(1)
The Minister may amend a Plan to correct any minor errors, and need not use
any formal process when doing so.
(2)
If the Minister makes an amendment under subsection (1), the Minister must
publish a notice specifying the amendment and the date on which the amendment takes effect.
(3)
However, despite section 13, the Minister is not required to publish the notice
in a newspaper.
Compare: 2011 No 12 s 22(3)
Revocation of Plans relating to greater Christchurch
41
Outline for revocation of Plan relating to greater Christchurch
(1)
A proponent that proposes the revocation of all or part of a Plan referred to in
section 15(1) must prepare a concise draft outline.
(2)
The draft outline must contain the following:
(a)
a description of the Plan or the parts of a Plan that the proponent proposes be revoked; and
(b)
an explanation of what the revocation is intended to achieve; and
(c)
an explanation of how the proponent expects the revocation to meet 1 or
more of the purposes of this Act; and
23
Part 2 s 42
(d)
Greater Christchurch Regeneration Act 2016
2016 No 14
the time frame for the Minister to decide whether to approve the revocation under section 47.
42
Proponent must seek views and finalise outline
(1)
The proponent must provide the draft outline prepared under section 41 to, and
seek the views of, each of the following parties that is not the proponent:
(2)
(a)
the strategic partners:
(b)
Regenerate Christchurch:
(c)
the chief executive:
(d)
in the case of a proposal to revoke all or part of the Lyttelton Port Recovery Plan, Lyttelton Port Company Limited.
The proponent must—
(a)
finalise the draft outline, making any modifications that the proponent
thinks appropriate; and
(b)
submit the outline to the Minister for approval, together with a concise
statement recording the views provided under subsection (1).
43
Minister may approve outline for revocation
(1)
The Minister must approve or decline an outline that has been finalised in accordance with section 42.
(2)
In making a decision, the Minister must—
(a)
have particular regard to the views of the strategic partners and Regenerate Christchurch recorded in the statement provided under section 42(2);
and
(b)
consider the views of the chief executive and, if section 42(1)(d) applies,
Lyttelton Port Company Limited recorded in that statement.
44
Proponent may modify outline for revocation if outline declined
(1)
If the Minister declines an outline under section 43, the Minister must provide
reasons for his or her decision to the proponent.
(2)
The proponent may make any modifications to the declined outline that the
proponent thinks fit.
(3)
If the proponent modifies the outline in accordance with subsection (2), sections 42 and 43 and this section apply accordingly.
(4)
However, subsections (2) and (3) do not apply if the Minister, having declined
a modified outline, indicates that he or she will not consider further modifications of that outline.
45
Development of proposed revocation
If the Minister approves an outline under section 43, the proponent must publish a notice that—
24
2016 No 14
Greater Christchurch Regeneration Act 2016
Part 2 s 47
(a)
describes the Plan or the parts of a Plan that the proponent proposes be
revoked; and
(b)
invites written comments on the proposed revocation to be provided to
the proponent in the manner and by the date specified in the notice.
46
Proponent must finalise and submit proposed revocation
(1)
The proponent must—
(a)
consider the comments provided under section 45; and
(b)
finalise the proposed revocation, making any modifications to the proposed revocation that the proponent thinks appropriate; and
(c)
submit the proposed revocation to the Minister for approval, together
with—
(i)
advice on whether the proposed revocation has been developed in
accordance with the outline approved under section 43; and
(ii)
a concise statement summarising the comments provided under
section 45; and
(iii)
advice on how the comments provided under section 45 have been
considered and, if relevant, addressed.
(2)
The proponent must, at the time the proponent submits the proposed revocation, ensure that the statement summarising the comments is made publicly
available.
47
Approval of revocation of Plan relating to greater Christchurch
(1)
The Minister must approve or decline a proposed revocation that has been finalised in accordance with section 46.
(2)
In making a decision, the Minister must—
(3)
(a)
seek and have particular regard to the views of the strategic partners and
Regenerate Christchurch:
(b)
seek and consider the views of the chief executive and, if section
42(1)(d) applies, Lyttelton Port Company Limited:
(c)
consider whether the proposed revocation has been developed in accordance with the outline approved under section 43:
(d)
consider the advice and the statement provided under section 46(1)(c):
(e)
consider the fiscal and financial implications of the proposed revocation:
(f)
consider whether the proposed revocation is in the public interest.
If the Minister approves a revocation, the Minister must publish a notice that
specifies—
(a)
the revocation:
(b)
the date on which the revocation takes effect:
25
Part 2 s 48
(c)
48
Greater Christchurch Regeneration Act 2016
2016 No 14
in the case of the revocation of part of a Plan, where the amended Plan
can be inspected.
Minister must provide reasons for declining proposed revocation
If the Minister declines to approve a proposed revocation, the Minister must
provide reasons for his or her decision to the proponent.
Revocation of Plans relating to Christchurch district
49
Outline for revocation of Plan relating to Christchurch district
(1)
A proponent that proposes the revocation of all or part of a Plan referred to in
section 15(2) must prepare a concise draft outline.
(2)
The draft outline must contain the following:
(a)
a description of the Plan or the parts of a Plan that the proponent proposes be revoked; and
(b)
an explanation of what the revocation is intended to achieve; and
(c)
an explanation of how the proponent expects the revocation to meet 1 or
more of the purposes of this Act; and
(d)
the time frame for the Minister to decide whether to approve the revocation under section 58; and
(e)
if applicable, time frames for Regenerate Christchurch to perform the
functions set out in sections 56 and 57.
50
Proponent must seek views and finalise outline
(1)
The proponent must provide the draft outline prepared under section 49 to, and
seek the views of, each of the following parties that is not the proponent:
(2)
(a)
Christchurch City Council:
(b)
Canterbury Regional Council:
(c)
Te Rūnanga o Ngāi Tahu:
(d)
Regenerate Christchurch:
(e)
Ōtākaro Limited:
(f)
the chief executive.
The proponent must—
(a)
finalise the draft outline, making any modifications that the proponent
thinks appropriate; and
(b)
submit the outline, together with a concise statement recording the views
provided under subsection (1),—
(i)
26
to the Minister for approval under section 52 if the proponent is
Regenerate Christchurch; or
2016 No 14
Greater Christchurch Regeneration Act 2016
(ii)
Part 2 s 53
in every other case, to Regenerate Christchurch for review under
section 51.
51
Regenerate Christchurch must review outline and may recommend outline
to Minister
(1)
Regenerate Christchurch must review an outline that has been submitted to it
under section 50(2) and decide whether to recommend the outline to the Minister for approval.
(2)
In making a decision, Regenerate Christchurch must consider the views recorded in the statement provided under section 50(2).
(3)
Regenerate Christchurch may amend the outline before recommending the outline to the Minister.
(4)
Regenerate Christchurch must—
(a)
recommend the outline to the Minister and submit it to the Minister for
approval; or
(b)
decline to recommend the outline to the Minister for approval.
(5)
If Regenerate Christchurch declines to recommend the outline to the Minister
for approval, Regenerate Christchurch must provide reasons for its decision to
the proponent.
52
Minister must approve outline for revocation if conditions in section 11 are
met
(1)
The Minister must approve or decline an outline that has been submitted in accordance with section 50(2) or 51.
(2)
If the Minister considers that approving the outline is an exercise of power permitted by section 11, he or she must approve the outline.
(3)
If the Minister declines the outline, the Minister must provide reasons for his or
her decision to Regenerate Christchurch.
53
Proponent may modify outline for revocation if outline declined
(1)
Subsections (2) and (3) apply if—
(a)
Regenerate Christchurch declines to recommend an outline to the Minister for approval under section 51; or
(b)
the Minister declines an outline under section 52.
(2)
The proponent may make any modifications to the outline that the proponent
thinks fit.
(3)
If the proponent modifies the outline in accordance with subsection (2), sections 50 to 52 and this section apply accordingly.
(4)
However, subsections (2) and (3) do not apply if the Minister, having declined
a modified outline, indicates that he or she will not consider further modifications of that outline.
27
Part 2 s 54
54
Greater Christchurch Regeneration Act 2016
2016 No 14
Development of proposed revocation
If the Minister approves the outline under section 52, the proponent must publish a notice that—
(a)
describes the Plan or the parts of a Plan that the proponent proposes be
revoked; and
(b)
invites written comments on the proposed revocation to be provided to
the proponent in the manner and by the date specified in the notice.
55
Proponent must finalise and submit proposed revocation
(1)
The proponent must—
(2)
(a)
consider the comments provided under section 54; and
(b)
finalise the proposed revocation, making any modifications to the proposed revocation that the proponent thinks appropriate; and
(c)
submit the proposed revocation, together with the material specified in
subsection (2),—
(i)
to the Minister for approval under section 58 if the proponent is
Regenerate Christchurch; or
(ii)
in every other case, to Regenerate Christchurch for review under
section 56.
The material referred to in subsection (1) is,—
(a)
a concise statement summarising the comments provided under section
54; and
(b)
if the proponent is Regenerate Christchurch,—
(i)
advice on whether the proposed revocation has been developed in
accordance with the outline approved under section 52; and
(ii)
advice on how the comments received under section 54 have been
considered and, if relevant, addressed.
(3)
The proponent must, at the time the proponent submits the proposed revocation, ensure that the statement summarising the comments is made publicly
available.
56
Regenerate Christchurch must review proposed revocation
(1)
Regenerate Christchurch must review a proposed revocation that has been submitted to it under section 55(1).
(2)
In reviewing the proposed revocation, Regenerate Christchurch must—
(3)
28
(a)
consider the statement provided under section 55(2):
(b)
consider whether the proposed revocation has been developed in accordance with the outline approved under section 52.
Regenerate Christchurch may amend the proposed revocation.
2016 No 14
(4)
Greater Christchurch Regeneration Act 2016
Part 2 s 58
Regenerate Christchurch must seek the views of the following on any material
amendment it proposes to make to the proposed revocation:
(a)
each party specified in section 50(1):
(b)
any other party that Regenerate Christchurch thinks appropriate.
57
Regenerate Christchurch must provide recommendation to Minister
(1)
Regenerate Christchurch must submit a proposed revocation it has received
under section 55 (as amended under section 56(3), if applicable) to the Minister, together with a report that contains Regenerate Christchurch’s recommendation on whether the Minister should approve the proposed revocation.
(2)
The report must also contain the following:
(a)
advice on whether the proposed revocation has been developed in accordance with the outline approved under section 52:
(b)
the statement provided under section 55(2):
(c)
a description of any amendments made to the proposed revocation by
Regenerate Christchurch under section 56(3) (including its reasons for
making those amendments):
(d)
a concise statement recording the views provided in relation to any material amendments under section 56(4):
(e)
advice on how the comments provided to the proponent under section 54
and the views provided to Regenerate Christchurch under section 56(4)
have been considered and, if relevant, addressed.
58
Approval of revocation of Plan relating to Christchurch district
(1)
The Minister must approve or decline a proposed revocation that has been submitted to the Minister in accordance with section 55 or 57.
(2)
In making a decision, the Minister must,—
(a)
(3)
if Regenerate Christchurch is the proponent,—
(i)
have particular regard to the views of Regenerate Christchurch:
(ii)
consider the material specified in section 55(2):
(b)
if any other party is the proponent, have particular regard to Regenerate
Christchurch’s report:
(c)
consider whether the proposed revocation has been developed in accordance with the outline approved under section 52:
(d)
consider the fiscal and financial implications of the proposed revocation:
(e)
consider whether the proposed revocation is in the public interest.
If the Minister approves the revocation, the Minister must publish a notice that
specifies—
(a)
the revocation:
29
Part 2 s 59
59
Greater Christchurch Regeneration Act 2016
2016 No 14
(b)
the date on which the revocation takes effect:
(c)
in the case of the revocation of part of a Plan, where the amended Plan
can be inspected.
Minister must provide reasons for declining proposed revocation
If the Minister declines to approve a proposed revocation, the Minister must
provide reasons for his or her decision to Regenerate Christchurch.
Effect of Plans
60
Councils, etc, not to act inconsistently with Plan
(1)
Subsection (2) applies,—
(2)
(3)
(4)
30
(a)
in relation to a Plan or an amendment to a Plan notified in the Gazette
after the commencement of this Part, on and from the date specified in
the Gazette notice; and
(b)
in relation to a Recovery Plan notified in the Gazette before the commencement of this Part, on and from the commencement of this Part.
Any person exercising powers or performing functions under the Resource
Management Act 1991 must not make a decision or recommendation relating
to all or part of greater Christchurch that is inconsistent with the Plan on any of
the following matters under the Resource Management Act 1991:
(a)
an application for a resource consent for a restricted discretionary, discretionary, or non-complying activity (whether or not the application
was first lodged after the Plan was gazetted):
(b)
a notice of requirement (whether or not notice was given after the Plan
was gazetted):
(c)
an application to transfer a resource consent under section 135, 136, or
137:
(d)
an application to change or cancel the conditions of a resource consent
under section 127:
(e)
a review of a resource consent under section 128:
(f)
the preparation, change, variation, or review of an RMA document under
Schedule 1.
A council, requiring authority, or heritage protection authority may—
(a)
request the Minister to consider and decide whether a decision or recommendation referred to in subsection (2) would be inconsistent with a
Plan:
(b)
appeal in accordance with section 119 against a decision under paragraph (a).
Lyttelton Port Company Limited may—
2016 No 14
(5)
Greater Christchurch Regeneration Act 2016
Part 2 s 62
(a)
request the Minister to consider and decide whether a decision or recommendation referred to in subsection (2) that relates to the Lyttelton Port
Recovery Plan would be inconsistent with that Plan:
(b)
appeal in accordance with section 119 against a decision under paragraph (a).
For the purposes of an application for a resource consent for a restricted discretionary activity, the Plan is a matter over which discretion is restricted and section 87A(3) of the Resource Management Act 1991 applies accordingly.
Compare: 2011 No 12 s 23
61
Councils to amend documents if required
(1)
Despite anything to the contrary in Part 5 of the Resource Management Act
1991, a council must amend an RMA document (to the extent that it relates to
greater Christchurch), if a Plan directs so,—
(a)
to include any matter that the Plan identifies for inclusion; or
(b)
to remove any matter in the document that the Plan identifies for deletion; or
(c)
to change or vary any matter in the document to give effect to provisions
of the Plan.
(2)
A council must make the amendments referred to in subsection (1)(a) and (b)
as soon as practicable after the Plan comes into effect without using the process
in Schedule 1 of the Resource Management Act 1991 or any other formal public process.
(3)
A council must make the amendments referred to in subsection (1)(c) within
the time specified in the Plan or (if not specified) as soon as practicable after
the Plan comes into effect, in accordance with a public process determined by
the Minister.
(4)
Despite clause 21 of Schedule 1 of the Resource Management Act 1991, only
the Minister may request a change or variation to any amendment made under
subsection (1).
(5)
Nothing in section 85(2) to (7) of the Resource Management Act 1991 applies
in respect of any amendment to an RMA document under this section.
Compare: 2011 No 12 s 24
62
Section 88A(1A) of Resource Management Act 1991 not to apply
(1)
Nothing in section 88A(1A) of the Resource Management Act 1991 applies in
respect of any application for a resource consent for any activity altered as a
consequence of a Plan.
(2)
For the purposes of subsection (1), an activity is altered as a consequence of a
Plan if the type of the activity (being controlled, restricted, discretionary, or
31
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Greater Christchurch Regeneration Act 2016
2016 No 14
non-complying) is altered as a consequence of an amendment made under section 61(1).
(3)
To avoid doubt, this section applies in relation to any matter before the Environment Court and any further appeals while this Act is in force.
Compare: 2011 No 12 s 25
63
Relationship to other instruments
(1)
The following instruments, so far as they relate to greater Christchurch, must
not be inconsistent with a Plan:
(2)
(3)
32
(a)
annual plans, long-term plans, and triennial agreements under the Local
Government Act 2002, except a funding impact statement in an annual
plan or a long-term plan:
(b)
regional land transport plans under the Land Transport Management Act
2003:
(c)
the New Zealand Transport Agency’s recommendations under section
18I of the Land Transport Management Act 2003:
(d)
regional public transport plans adopted under section 119 of the Land
Transport Management Act 2003:
(e)
all or any of the following:
(i)
general policies approved under section 17C of the Conservation
Act 1987 and general policies approved under section 15A of the
Reserves Act 1977:
(ii)
conservation management strategies approved under section 17F
of the Conservation Act 1987:
(iii)
conservation management plans approved under section 17G of
the Conservation Act 1987, or under section 40B of the Reserves
Act 1977, or under section 14E of the Wildlife Act 1953:
(iv)
management plans approved under section 41 of the Reserves Act
1977 (with the exception of the Hagley Park Management Plan):
(v)
any other management plan for a reserve under any other enactment.
A Plan—
(a)
is to be read together with and forms part of the instruments specified in
subsection (1); and
(b)
prevails where there is any inconsistency between it and an instrument
specified in subsection (1).
If required by a Plan, an entity that is responsible for an instrument specified in
subsection (1) must amend the instrument to give effect to the provisions of the
Plan.
2016 No 14
Greater Christchurch Regeneration Act 2016
Part 2 s 66
(4)
An entity must make the amendments referred to in subsection (3) in accordance with a process (if any) determined by the Minister.
(5)
The Hagley Park Management Plan prevails where there is any inconsistency
between it and a Regeneration Plan.
Compare: 2011 No 12 s 26
64
Status of Plans under Legislation Act 2012
A Plan is a disallowable instrument, but not a legislative instrument, for the
purposes of the Legislation Act 2012 and must be presented to the House of
Representatives under section 41 of that Act.
Suspension, amendment, or revocation of RMA document, council plan, etc
65
Proposal for exercise of power in section 71
(1)
A proponent who proposes the exercise of the power to suspend, amend, or revoke an RMA document, council plan, or other document in section 71 must
prepare a concise draft proposal that complies with subsection (2).
(2)
The draft proposal must contain the following:
(a)
an explanation of what the exercise of the power is intended to achieve;
and
(b)
a description of which instrument the exercise of the power will apply
to, and for how long; and
(c)
an explanation of how the proponent expects the exercise of the power to
meet 1 or more of the purposes of this Act; and
(d)
an explanation of why the proponent considers the exercise of the power
is necessary and preferable to any alternatives to the exercise of the power; and
(e)
a draft of the notice that would be published under section 68 if the proposal were approved; and
(f)
a draft of the notice that would be published under section 71 if the power were exercised.
66
Proponent must seek views and finalise proposal
(1)
The proponent must seek the views of each of the following parties that is not
the proponent:
(2)
(a)
the strategic partners:
(b)
Regenerate Christchurch:
(c)
the chief executive.
The proponent must—
(a)
finalise the proposal, making any modifications that the proponent thinks
appropriate; and
33
Part 2 s 67
(b)
(3)
(4)
Greater Christchurch Regeneration Act 2016
2016 No 14
submit the proposal to the Minister for approval, together with a concise
statement recording the views provided under subsection (1).
Subsection (4) applies if—
(a)
the proposal relates to an RMA document, council plan, or other document as it applies in an area of Christchurch district (and not to any area
outside that district); and
(b)
Regenerate Christchurch is not the proponent.
If this subsection applies,—
(a)
the proponent must provide the finalised proposal to Regenerate Christchurch; and
(b)
Regenerate Christchurch must provide its views on the finalised proposal to the Minister as soon as practicable.
67
Minister may decide to proceed with proposal
(1)
The Minister must decide whether to proceed with a proposal that has been finalised in accordance with section 66 no later than 30 working days after receiving the proposal.
(2)
In making a decision, the Minister must—
(a)
have particular regard to the views of the strategic partners and Regenerate Christchurch recorded in the statement provided under section 66(2)
(and the views of Regenerate Christchurch provided under section 66(4),
if applicable); and
(b)
consider the views of the chief executive recorded in that statement.
(3)
If the Minister declines the proposal, the Minister must provide reasons for his
or her decision to the proponent.
68
Minister must invite public comment
If the Minister decides to proceed with the proposal, the Minister must publish
a notice that—
69
(a)
includes a summary of the matters contained in the proposal:
(b)
advises where the full proposal can be inspected:
(c)
invites written comments on the proposal in the manner and by the date
specified in the notice.
Approval of proposal for exercise of power
In considering whether to exercise the power in section 71, the Minister
must—
(a)
34
take into account the comments provided under section 68(c); and
2016 No 14
70
Greater Christchurch Regeneration Act 2016
Part 2 s 71
(b)
have particular regard to any views of the strategic partners and Regenerate Christchurch that are expressed in the comments provided under
section 68(c); and
(c)
make a decision no later than 30 working days after the date specified in
the notice published under section 68.
Minister must provide reasons for declining proposal to exercise power
If the Minister declines to exercise the power in section 71, the Minister must
provide reasons for his or her decision to the proponent.
71
Minister may suspend, amend, or revoke RMA document, council plan,
etc
(1)
This section applies if the Minister has decided to exercise the power under this
section in accordance with section 69.
(2)
The Minister may, by notice in the Gazette, suspend, amend, or revoke all or
part of any of the following, so far as they relate to any area within greater
Christchurch:
(a)
an RMA document:
(b)
a plan or policy of a council under the Local Government Act 2002, except a funding impact statement in an annual plan or a long-term plan:
(c)
a regional land transport plan under the Land Transport Management Act
2003:
(d)
all or any of the following:
(e)
(3)
(i)
general policies approved under section 17C of the Conservation
Act 1987 and general policies approved under section 15A of the
Reserves Act 1977:
(ii)
conservation management strategies approved under section 17F
of the Conservation Act 1987:
(iii)
conservation management plans approved under section 17G of
the Conservation Act 1987, or under section 40B of the Reserves
Act 1977, or under section 14E of the Wildlife Act 1953:
(iv)
management plans approved under section 41 of the Reserves Act
1977 (with the exception of the Hagley Park Management Plan):
(v)
any other management plan for a reserve under any other enactment:
a bylaw made under any Act.
The Minister may, by notice in the Gazette,—
(a)
revoke any changes or variations approved to a plan under the Conservation Act 1987, the Land Transport Management Act 2003, the Local
Government Act 2002, the Reserves Act 1977, or the Wildlife Act 1953
35
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Greater Christchurch Regeneration Act 2016
2016 No 14
(but not changes or variations to the Hagley Park Management Plan
under the Reserves Act 1977); or
(b)
impose a moratorium on further changes or variations for a specified
period.
(4)
The Minister may, by notice in the Gazette, vary or revoke a notice given under
subsection (2) or (3).
(5)
No compensation is payable under this Act in respect of any action taken under
this section.
Compare: 2011 No 12 s 27
72
Contents of notice under section 71
(1)
A Gazette notice under section 71 must specify, in respect of an exercise of the
power in that section,—
(2)
(a)
the RMA document, council plan, or other document affected by the exercise of the power:
(b)
how the exercise of the power affects the RMA document, council plan,
or other document:
(c)
the date on which the exercise of the power takes effect.
As soon as practicable after publishing a Gazette notice under section 71, the
Minister must publish, in 1 or more newspapers circulating in greater Christchurch and on an Internet site to which the public has free access, a notice
that—
(a)
summarises the matters in subsection (1):
(b)
specifies where the Gazette notice can be inspected.
(3)
This section applies despite section 13.
73
Status of notice under Legislation Act 2012
A Gazette notice given under section 71 is a disallowable instrument, but not a
legislative instrument, for the purposes of the Legislation Act 2012 and must
be presented to the House of Representatives under section 41 of that Act.
Subpart 2—Dealing with land and other property
Surveys
74
Approval of cadastral survey datasets
(1)
The chief executive may—
36
(a)
approve a cadastral survey dataset under section 9(a) of the Cadastral
Survey Act 2002; or
(b)
direct the Surveyor-General to approve any survey plan referred to in
section 69(3) of the Cadastral Survey Act 2002.
2016 No 14
Greater Christchurch Regeneration Act 2016
Part 2 s 75
(2)
Subsection (1) applies even if a cadastral survey dataset does not comply with
standards set under section 49 of the Cadastral Survey Act 2002.
(3)
Subsection (1)(b) applies even if the survey plan does not comply with standards for survey that the Surveyor-General would otherwise apply under the enactment that refers to the survey plan.
(4)
Before acting under subsection (1), the chief executive must consult the Surveyor-General.
(5)
If the chief executive has approved a cadastral survey dataset under subsection
(1)(a), the cadastral survey dataset is to be regarded for all purposes as if the
chief executive had determined under section 9(a) of the Cadastral Survey Act
2002 that it complied with standards set under section 49 of that Act.
(6)
If the chief executive has given a direction under subsection (1)(b), the survey
plan is to be regarded for all purposes as having been approved under any enactment that requires it to be approved by the Surveyor-General.
(7)
A cadastral surveyor carrying out work for a cadastral survey dataset or survey
plan to which subsection (1) applies is not liable for any non-compliance with
standards referred to in subsection (2) or (3) to the extent that the non-compliance was necessary for the purposes of this Act.
Compare: 2011 No 12 s 35
75
New surveys
(1)
This section applies if—
(a)
the chief executive approves a cadastral survey dataset or directs the Surveyor-General to approve a survey plan under section 74(1); or
(b)
in any other case, there is a legal requirement to notify any adjoining
owners that a cadastral survey dataset is to be deposited under section
167 of the Land Transfer Act 1952.
(2)
The chief executive may direct the Registrar-General of Land to seek the consent of the adjoining owners to the new survey definition.
(3)
If the adjoining owners give their consent, the Registrar-General of Land may
deposit the cadastral survey dataset or survey plan and issue new computer
registers accordingly.
(4)
If an adjoining owner fails to respond within 10 working days (or any further
period allowed by the chief executive) after the date of service of the request
for consent or refuses to consent, the chief executive may direct the RegistrarGeneral of Land to issue a new computer register limited as to parcels upon deposit of the cadastral survey dataset or survey plan.
(5)
Section 167(3) of the Land Transfer Act 1952 (application of the provisions of
Part 12 of that Act relating to computer registers that are limited as to parcels)
applies to any computer register issued and limited as to parcels in accordance
with a direction under subsection (4).
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Greater Christchurch Regeneration Act 2016
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(6)
The chief executive may direct the Registrar-General of Land to disapply the
application of section 205(4) of the Land Transfer Act 1952 in respect of any
computer register issued and limited as to parcels in accordance with subsection (4), and the Registrar-General of Land must remove the limitation as to
parcels from the relevant computer register.
(7)
Subsection (6) is subject to any relevant determination by a court under subpart
4.
Compare: 2011 No 12 s 36
76
Disputes
(1)
If an adjoining owner wishes to dispute a survey definition determined under
section 75, the dispute must be heard and determined in accordance with section 119 and treated as an appeal against a direction under section 75(6).
(2)
Any dispute against the lodgement of a caveat under section 205(4) of the Land
Transfer Act 1952 against a computer register that is issued limited as to parcels in accordance with a direction under section 75(4) must be heard and determined in accordance with section 119 and treated as an appeal.
Compare: 2011 No 12 s 37
Building works, etc
77
Works
(1)
The chief executive may carry out or commission works.
(2)
The works include (without limitation)—
(a)
the erection, reconstruction, placement, alteration, or extension of all or
any part of any building on or under land:
(b)
the demolition of all or any part of any building on or under land (demolition work):
(c)
the removal and disposal of any building on or under land, or material.
(3)
The chief executive may remove fixtures and fittings from any building.
(4)
Works under this section may be undertaken on or under public or private land
and with or without the consent of the owner.
(5)
To avoid doubt, this section does not override any requirements for resource
consents or building consents that may apply to works under this section.
(6)
Nothing in section 11(2) applies to the carrying out or commissioning of works
under this section on land or buildings owned by the Crown.
(7)
In this section, building includes any structure or other erection.
Compare: 2011 No 12 s 38(1)–(3), (5), (6)
38
2016 No 14
Greater Christchurch Regeneration Act 2016
Part 2 s 79
78
First notice requirement for work carried out on private land
(1)
This section and section 80 apply if the chief executive proposes to carry out or
commission works under section 77 on or under private land.
(2)
The chief executive must give written notice to the owner and, if the owner is
not the occupier, the occupier of the private land specifying—
(a)
the nature of the work that will be carried out; and
(b)
the date when the work will begin, or is expected to begin if it is not possible to specify a definite date.
(3)
If it is necessary for the land or buildings, or both, to be vacated either wholly
or partly to enable the works to be carried out, the notice under this section
must also direct the owner or occupier to leave the land or buildings, as the
case may be, for a specified period, or from a specified date until further notice.
(4)
If practicable, a copy of the notice must be given to—
(a)
every person who has an interest in the land on which the works are situated that is registered under the Land Transfer Act 1952; and
(b)
every person claiming an interest in the land that is protected by a caveat
lodged and in force under section 137 of the Land Transfer Act 1952.
(5)
A notice under this section is sufficiently served if it is delivered personally to
the person or sent to the person at the person’s usual or last known place of
residence or business.
(6)
If a notice or other document is to be served on a body (whether incorporated
or not), service on an officer of the body in accordance with subsection (5) is
taken to be service on the body.
(7)
A notice or other document sent by post to a person in accordance with subsection (5) or (6) must be treated as having been received by that person on the
fourth day after it was posted.
(8)
A notice under this section must be given at least 1 month in advance, but there
is no right of appeal or objection against the notice.
79
Additional requirements for demolition work carried out under section 77
(1)
This section applies if the chief executive gives notice under section 78 to an
owner of a building on or under land that demolition work under section 77 is
to be carried out there.
(2)
The owner must give notice to the chief executive within 10 working days after
the chief executive’s notice is given stating whether or not the owner intends to
carry out the works and, if the owner intends to do so, specifying the method
by which, and the time within which, the works will be carried out.
39
Part 2 s 80
(3)
Greater Christchurch Regeneration Act 2016
2016 No 14
If the owner fails to give notice under subsection (2), or the chief executive is
not satisfied with the time or method specified, or the works are not carried out
in the time or by the method specified or otherwise agreed, then—
(a)
the chief executive may commission the carrying out of the works and
must give the notice required by section 80; and
(b)
in the case of the demolition of a building to which section 83(1) or (3)
refers, the chief executive may recover the costs of carrying out the work
from the owner of the dangerous building in question; and
(c)
the amount recoverable becomes a charge on the land on which the work
was carried out.
Compare: 2011 No 12 s 38(4)
80
Second notice requirement for work carried out on private land
(1)
Not less than 24 hours before the beginning of the works under section 77 on
or under private land, the chief executive must give written notice to the owner
and, if the owner is not the occupier, the occupier of the private land specifying—
(a)
the nature of the work that will be carried out; and
(b)
the date on which the work will begin; and
(c)
if applicable, the direction described in section 78(3).
(2)
A notice under this section is sufficiently served if it is delivered personally to
the person or sent to the person at the person’s usual or last known place of
residence or business.
(3)
If a notice or other document is to be served on a body (whether incorporated
or not), service on an officer of the body in accordance with subsection (2) is
taken to be service on the body.
(4)
A notice or other document sent by post to a person in accordance with subsection (2) or (3) must be treated as having been received by that person on the
fourth day after it was posted.
(5)
There is no right of appeal or objection against the notice.
81
Chief executive may apply to High Court for order that owner or occupier
vacate land or building
If the owner or occupier fails to comply with a notice given under section 78 or
80, the chief executive may seek an order from the High Court directing the
owner or occupier to comply with the notice.
82
Authorised persons may enter private land to carry out work under
section 77
(1)
To permit or facilitate the carrying out of work under section 77 on or under
private land in respect of which notice has been given under sections 78 and
40
2016 No 14
Greater Christchurch Regeneration Act 2016
Part 2 s 85
80, the chief executive or any person acting under the authority of the chief
executive may enter on the land or any building on or under the land.
(2)
A person authorised to enter on land or any building under subsection (1) must
produce evidence of the authorisation if requested to do so.
(3)
An error in any notice given under section 78 or 80 does not of itself affect the
ability to exercise power, or the validity of an exercise of power, under this section.
83
Compensation for demolition of buildings
(1)
If the chief executive demolishes a dangerous building,—
(a)
the Crown is not liable to compensate the owner or other occupier of the
building; and
(b)
the chief executive may recover the cost of demolition works from the
owner.
(2)
If the amount of the costs recoverable from the owner has been established by
agreement between the chief executive and the owner in advance of the demolition, that amount may be treated as the cost of demolition works for the purpose of subsection (1)(b).
(3)
If the chief executive demolishes a non-dangerous building in order to demolish a dangerous building or for any other reason, and the Crown has not acquired the land on which the non-dangerous building is situated, the Crown is
liable to compensate the owner of the non-dangerous building for a loss resulting from the demolition of the non-dangerous building whether or not the loss
is insured in whole or in part.
(4)
Claims under this section must be made and determined in accordance with this
section and subpart 3.
Compare: 2011 No 12 s 40
84
Compensation for damage to other property caused by demolition of
building
(1)
The Crown is liable to pay compensation for negligent physical loss or damage
caused to other property that results directly from the demolition of a building
by the chief executive, except for damage to property that is in or on or under
or part of a dangerous building.
(2)
Claims under this section must be made and determined in accordance with this
section and subpart 3.
Compare: 2011 No 12 s 41
85
Temporary buildings
(1)
Despite any other enactment, the chief executive may erect or authorise the
erection and use of temporary buildings on any land including any public reserve, private land, road, or street and provide for their removal.
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Greater Christchurch Regeneration Act 2016
2016 No 14
(2)
No building consent or resource consent is required for the erection or use of
any temporary building under subsection (1).
(3)
If practicable, the chief executive must consult the relevant road controlling authority before exercising a power under this section in relation to a road.
(4)
Temporary buildings may be erected under this section on private land with or
without the consent of the owner.
(5)
Nothing in section 11(2) applies to the erection of a temporary building under
this section on land owned by the Crown.
Compare: 2011 No 12 s 44
Access and roads
86
Access to areas or buildings
The chief executive may restrict or prohibit access by any person or specified
class of persons to any specified area, or to any specified building, within
greater Christchurch.
Compare: 2011 No 12 s 45
87
Prohibiting and restricting public access, closing and stopping roads, etc
(1)
The chief executive may, for such period as he or she considers necessary, totally or partially prohibit or restrict public access, with or without vehicles, to
any road or public place within greater Christchurch.
(2)
The chief executive may close a road or divert or control the traffic on any road
for any reason, including (without limitation)—
(a)
to facilitate any work or investigation affecting the road or land near the
road:
(b)
for the protection of public safety.
(3)
The chief executive may, by giving notice in the Gazette and in a newspaper
circulating in greater Christchurch, stop any road or part of a road in greater
Christchurch.
(4)
The stopping of a road under subsection (3) has effect as if the road had been
stopped in accordance with section 342 and Schedule 10 of the Local Government Act 1974 and as if the chief executive were a council within the meaning
of that section.
(5)
The chief executive must consult the relevant road controlling authority—
(6)
(a)
before stopping a road or part of a road under this section:
(b)
if practicable, before exercising any other power under this section in relation to a road.
To avoid doubt,—
(a)
42
there is no right of appeal or objection against a decision made under
subsection (3):
2016 No 14
(b)
Greater Christchurch Regeneration Act 2016
Part 2 s 90
nothing in section 345 of the Local Government Act 1974 applies to the
disposal of land resulting from a stopping of a road under this section.
Compare: 2011 No 12 s 46
88
Offences relating to access and roads
(1)
A person commits an offence if the person intentionally contravenes a restriction or prohibition imposed under section 86 or 87.
(2)
A person who commits an offence under this section is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3
months or to a fine not exceeding $5,000, or both:
(b)
in the case of a body corporate, to a fine not exceeding $50,000.
Compare: 2011 No 12 s 47
Power to direct owner to act
89
Power to direct owner to act for benefit of adjoining or adjacent owners
(1)
This section applies if the chief executive considers that it is desirable that the
owner of a property (the property owner) act for the benefit of 1 or more
owners of properties that are adjoining or adjacent to the property owner’s
property in relation to rebuilding because—
(a)
it would assist the implementation of a Plan; or
(b)
the owners have sufficiently linked interests in relation to those properties.
(2)
The chief executive may direct the property owner to act for the benefit of the
owners of the adjoining or adjacent properties in the manner specified by the
chief executive, which may include conditions on any or all of those owners.
(3)
Before giving the direction under subsection (2), the chief executive must give
the property owner and each other affected owner of adjoining or adjacent
property a reasonable opportunity to be heard, either personally or through a
representative.
Compare: 2011 No 12 s 52
90
Offence to fail to comply with direction
(1)
A person commits an offence if the person, without reasonable excuse, intentionally fails to comply with a direction given under section 89.
(2)
A person who commits an offence under this section is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3
months or to a fine not exceeding $5,000, or both:
(b)
in the case of a body corporate, to a fine not exceeding $50,000.
43
Part 2 s 91
Greater Christchurch Regeneration Act 2016
2016 No 14
Acquisition and other dealing with property
91
Acquisition and other dealing with property
(1)
The chief executive may, in the name of the Crown,—
(2)
(3)
(a)
purchase or otherwise acquire land:
(b)
hold, mortgage, and lease land acquired by the Crown under this Act or
under the Canterbury Earthquake Recovery Act 2011.
The Minister’s approval is required for the following actions of the chief
executive under subsection (1):
(a)
the purchase or other acquisition of land:
(b)
the granting of a lease of land that, including rights of renewal, is or
could be for a term of 2 years or more.
Nothing in section 11 applies to the exercise of a power under this section.
Compare: 2011 No 12 s 53(1)
Other dealing with land
92
Declarations by Minister concerning land
(1)
The Minister may, by notice in the Gazette, declare land acquired by the Crown
under this Act or under the Canterbury Earthquake Recovery Act 2011 to be set
apart for a public work in terms of the Public Works Act 1981.
(2)
The Minister may, by notice in the Gazette, declare land acquired by the Crown
under this Act or under the Canterbury Earthquake Recovery Act 2011 to be
land subject to the Land Act 1948 and not this Act.
(3)
A declaration under subsection (2) is subject to the chief executive confirming
that any requirements under sections 107 to 109 to offer the land back that
would apply if the land was to be disposed of have been complied with.
(4)
The Minister may, by notice in the Gazette, declare land held for a public work
in terms of the Public Works Act 1981 (whether held by the Crown or otherwise) to be held under this Act.
(5)
Nothing in section 11 applies to the exercise of powers under this section.
Compare: 2011 No 12 s 53(4)–(6)
93
Subdividing land, etc
(1)
The chief executive may subdivide, resubdivide, improve, and develop all or
any land acquired by the Crown under this Act (including land amalgamated
under section 94) or under the Canterbury Earthquake Recovery Act 2011.
(2)
Nothing in section 11 or Part 10 of the Resource Management Act 1991 applies
to any subdivision under this section.
(3)
Nothing in section 11 applies to the exercise of powers under this section.
Compare: 2011 No 12 s 43
44
2016 No 14
Greater Christchurch Regeneration Act 2016
Part 2 s 97
94
Amalgamation of land
(1)
The Minister may, in accordance with sections 95 to 101, amalgamate all or
any land acquired by the Crown under this Act or the Canterbury Earthquake
Recovery Act 2011 with all or any land described in subsection (2).
(2)
The land referred to in subsection (1) is—
(a)
land owned by the Crown:
(b)
land owned by a council, if the council has consented to the vesting of
the land in the Crown.
(3)
Nothing in section 11 applies to the amalgamation of land under this section.
(4)
Nothing in the Resource Management Act 1991 applies to any amalgamation
under this section.
95
Minister must consult Minister of Conservation in certain cases
The Minister must, before publishing a notice under section 96, consult the
Minister of Conservation if any piece of land that the Minister intends to be
amalgamated is subject to the Reserves Act 1977 or is a conservation area (as
defined in section 2(1) of the Conservation Act 1987) and the Minister intends
that the reserve or conservation status of that land will be extinguished by the
amalgamation.
96
Notice of intention to vest land in the Crown
If the Minister intends to amalgamate land as described in section 94 and 1 or
more pieces of land to be amalgamated are owned by a council, the Minister
must publish a notice in the Gazette containing the following:
97
(a)
a description of each piece of land to be vested in the Crown; and
(b)
either,—
(i)
in relation to each piece of land, details of any estate or interest in
the land, or any status, restriction, charge, or any other encumbrance that applies to the land, that is intended to be extinguished
by the amalgamation; or
(ii)
a statement that any estate or interest in, or any status, restriction,
charge, or any other encumbrance that applies to, any piece of
land to be vested will be extinguished when the land vests in the
Crown; and
(c)
the name of the current owner of each piece of land; and
(d)
the date on which the vesting will take effect.
Effect of notice of intention to vest land in the Crown
On the date specified in the Gazette notice under section 96,—
(a)
the land specified in the notice is vested in fee simple in the Crown; and
45
Part 2 s 98
(b)
98
Greater Christchurch Regeneration Act 2016
2016 No 14
each estate, interest, status, restriction, charge, or any other encumbrance
referred to in the notice in accordance with section 96(b)(i) or (ii) is extinguished.
Notice of intention to amalgamate land
If the Minister intends to amalgamate land as described in section 94, the Minister must publish a notice in the Gazette containing the following:
(a)
a description of each piece of land to be amalgamated; and
(b)
either,—
(c)
99
(i)
in relation to each piece of land, details of any estate or interest in
the land, or any status, restriction, charge, or any other encumbrance that applies to the land, that is intended to be extinguished
by the amalgamation; or
(ii)
a statement that any estate or interest in, or any status, restriction,
charge, or any other encumbrance that applies to, any piece of
land to be vested will be extinguished when the land vests in the
Crown; and
the date on which the amalgamation will take effect.
Effect of notice of intention to amalgamate land
On the date specified in the Gazette notice under section 98,—
100
(a)
the land specified in the notice is amalgamated; and
(b)
each estate, interest, status, restriction, charge, or any other encumbrance
referred to in the notice in accordance with section 98(b)(i) or (ii) is extinguished.
Minister may publish vesting notice and amalgamation notice together
The Minister may publish the information required by sections 96 and 98 relating to the same piece of land in a single Gazette notice.
101
Notice to be registered
(1)
The Minister may lodge a Gazette notice under section 96 or 98 with the Registrar-General of Land, who must register it without fee against the appropriate
computer register or computer registers.
(2)
The Registrar-General of Land may require the deposit of a survey plan of any
piece of land being amalgamated.
(3)
The Registrar-General of Land may do all things that may be necessary to give
effect to the notice, including—
46
(a)
cancelling any computer register:
(b)
issuing 1 or more computer registers:
2016 No 14
(c)
Greater Christchurch Regeneration Act 2016
Part 2 s 103
removing any estate, interest, status, restriction, charge, or other encumbrance.
Compare: 2011 No 12 s 56
Compulsory acquisition of land
102
Preconditions to exercise of power in sections 103 to 106
The Minister may exercise the power under sections 103 to 106 only if, in addition to meeting the requirements of section 11,—
(a)
the chief executive has made reasonable endeavours to acquire the land
by agreement with the owner of the land but has been unsuccessful, and
the chief executive has advised the Minister accordingly; and
(b)
either—
(i)
there is an applicable Plan and the Minister is satisfied that the acquisition is not inconsistent with the Plan; or
(ii)
if there is no applicable Plan, the territorial authority in whose district the land is situated has agreed in writing that the land be
compulsorily acquired by the Crown.
103
Notice of intention to take land
(1)
The Minister may acquire land compulsorily by publishing a notice of intention
to take land in the name of the Crown in the Gazette and in a newspaper circulating in the area to which the notice relates, which notice must give—
(a)
a general description of the land required to be taken (including the
name of and number in the road or some other readily identifiable description of the place where the land is situated); and
(b)
a description of the purpose for which the land is to be used.
(2)
The Minister must serve on the owner of, and persons with a registered interest
in, the land a notice of intention to take the land in the form set out in Schedule
4, unless it is impracticable to do so.
(3)
The Minister must lodge a copy of the Gazette notice published under subsection (1) with the Registrar-General of Land, who must register it without fee
against the computer register affected.
(4)
Any notice under this section may be withdrawn by the Minister, and, if it is
withdrawn, a notice to that effect must be lodged with the Registrar-General of
Land, who must register it without fee against the computer register to the land.
(5)
To avoid doubt, there is no right of objection to a notice of intention to take
land.
(6)
A notice of intention to take land under this section ceases to have effect 3
years after the date of the publication of that notice in the Gazette unless, on or
before the expiration of that period,—
47
Part 2 s 104
(7)
Greater Christchurch Regeneration Act 2016
2016 No 14
(a)
a Proclamation taking the land has been published in the Gazette; or
(b)
the Minister has, by further notice in writing served on the owner of the
land intended to be taken, and persons with a registered interest in the
land, confirmed the intention of taking the land.
If the Minister has confirmed the intention of taking the land, the notice of intention so confirmed ceases to have effect unless, on or before the expiration of
2 years after the date of that confirmation, a Proclamation taking the land has
been published in the Gazette.
Compare: 2011 No 12 s 54
104
Proclamation
(1)
If the Minister considers that land should be taken in the name of the Crown,
the land intended to be taken may be taken in accordance with this section.
(2)
If necessary, a cadastral survey dataset showing accurately the position and extent of the land to be taken must be prepared and be lodged with the chief
executive of the department of State that, with the authority of the Prime Minister, is responsible for the administration of the Cadastral Survey Act 2002 for
the purposes of that Act.
(3)
So long as the Gazette notice has been registered in accordance with section
103(3), the Minister may recommend that the Governor-General issue a Proclamation taking the land.
(4)
The Governor-General may, on the recommendation of the Minister, by Proclamation declare that the land described in it is taken in the name of the Crown.
(5)
Every Proclamation under this section must be published in the Gazette and in
a newspaper circulating in the area to which the notice relates within 1 month
after the date of its making, together with some readily identifiable description
of the land taken, but a Proclamation is not invalidated by any error, defect, or
delay in its publication under this section.
(6)
Unless otherwise provided in the Proclamation or in this Act or in any other
Act, the land specified in a Proclamation under this section becomes absolutely
vested in fee simple in the Crown and freed and discharged from all mortgages,
charges, claims, estates, or interests of whatever kind, on the 14th day after the
day on which the Proclamation is published in the Gazette.
(7)
If land is compulsorily acquired under this section, the Crown succeeds to all
rights, entitlements, and benefits that the owner has or may have against—
(a)
the insurer of the land; or
(b)
the insurer of any building or other property on the land.
Compare: 2011 No 12 s 55
48
2016 No 14
Greater Christchurch Regeneration Act 2016
Part 2 s 107
105
Proclamation to be registered
(1)
The Minister must lodge every Proclamation with the Registrar-General of
Land, who must register it without fee against the computer register to the land.
(2)
If the land is not subject to the Land Transfer Act 1952, the Registrar-General
of Land must enter the Proclamation in the index book of the Deeds Register
Office and upon such registration the land becomes subject to the Land Transfer Act 1952.
(3)
An error in any Proclamation does not of itself prevent registration in respect
of titles to land validly affected.
(4)
If land is not subject to the Land Transfer Act 1952 and dealings with it are not
registrable under the Deeds Registration Act 1908, the Proclamation must be
lodged with the Surveyor-General to be recorded in the cadastre.
(5)
To avoid doubt, the registration of a Proclamation does not result in the cancellation of the title affected.
Compare: 2011 No 12 s 56
106
Vacant possession
If the owner or occupier fails to give vacant possession of the land specified in
a Proclamation under section 104 within 1 month following the publication of
the Proclamation in the Gazette, the Minister may seek an order from the High
Court directing the owner or occupier to give vacant possession.
Compare: 2011 No 12 s 57
Disposal of land
107
Disposal of land
(1)
Subject to the Minister’s approval, the chief executive may, if he or she thinks
fit, in accordance with sections 108 and 109 if applicable, dispose of land held
by the Crown under this Act or under the Canterbury Earthquake Recovery Act
2011.
(2)
When making a decision on the disposal of land under this section, the chief
executive must have regard to any applicable Plan or the fact that a Regeneration Plan that may be applicable has been proposed.
(3)
To avoid doubt, except as provided in sections 108 and 109, nothing in sections
40 to 42 of the Public Works Act 1981 applies to the disposal of the land.
(4)
Nothing in section 11 applies to the disposal of land to which this section applies.
(5)
This section and sections 108 and 109 are subject to section 7(2).
(6)
In this section and sections 108 and 109, the granting of a lease of land that,
including rights of renewal, is or could be for a term of more than 35 years is a
disposal of the land.
49
Part 2 s 108
108
Greater Christchurch Regeneration Act 2016
2016 No 14
Certain land to be disposed of under section 107 subject to offer back
provisions in Public Works Act 1981
Any requirements to offer land back under the Public Works Act 1981 continue
to apply to land to which section 107 applies if the land—
(a)
was declared in accordance with section 92(4) to be land held under this
Act; or
(b)
was declared under section 53(5) of the Canterbury Earthquake Recovery Act 2011 to be land held under that Act.
109
Certain compulsorily acquired land to be disposed of under section 107
must be offered back
(1)
This section applies if land to which section 107 applies—
(2)
(3)
(a)
is land in greater Christchurch outside the Christchurch central city, or
residential land in the Christchurch central city, that was compulsorily
acquired under section 104; and
(b)
has not been used for the purpose for which it was acquired or for any
other purpose under this Act; and
(c)
was not compulsorily acquired for the purpose of disposal or for purposes that included disposal.
Before disposing of the land, the chief executive must offer to sell the land by
private contract to the person from whom it was acquired or that person’s successor—
(a)
at the current market value of the land as determined by a valuation carried out by a registered valuer; or
(b)
if the chief executive considers it reasonable to do so, at any lesser price.
Subsection (2) does not apply if—
(a)
(b)
the chief executive considers that—
(i)
to offer the land back would be impracticable, unreasonable, or
unfair; or
(ii)
there has been a significant change in the character of the land in
connection with the purpose for which it was acquired; or
the land is to be set apart for a public work under section 92(1).
(4)
Section 40(2A), (4), and (5) of the Public Works Act 1981 applies with all
necessary modifications to an offer back under this section.
(5)
If any offer to sell land under subsection (2) has not been accepted within 20
working days of the receipt of the offer, this section ceases to apply and the
land may be disposed of under section 107.
50
2016 No 14
(6)
Greater Christchurch Regeneration Act 2016
Part 2 s 113
To avoid doubt, the disposal of land in the Christchurch central city other than
residential land is not subject to this section or sections 40 to 42 of the Public
Works Act 1981.
Compare: 2011 No 12 s 58
Subpart 3—Compensation under this Act
110
When this subpart applies
(1)
This subpart applies in respect of—
(2)
(a)
land compulsorily acquired under this Act or the Canterbury Earthquake
Recovery Act 2011; and
(b)
compensation payable under section 83 or 84 of this Act or section 40 or
41 of the Canterbury Earthquake Recovery Act 2011.
This section is subject to clause 9 of Schedule 1.
Compare: 2011 No 12 s 60
111
Meaning of compensation
In this subpart, compensation—
(a)
means compensation for actual loss; but
(b)
except as provided by this Act, does not include compensation for—
(i)
a loss by an insurer arising from a liability to indemnify:
(ii)
any part of a loss that is insured:
(iii)
a consequence of regulatory change arising from the operation of
this Act causing loss:
(iv)
economic or consequential loss:
(v)
loss of personal property exceeding $20,000 in value:
(vi)
business interruption:
(vii) any other loss that the Minister reasonably considers is unwarranted and unjustified.
Compare: 2011 No 12 s 61
112
Entitlement to compensation
A person who suffers loss resulting from a matter referred to in section 110 is
entitled to compensation from the Crown.
Compare: 2011 No 12 s 62
113
Procedure for claiming compensation
(1)
A claim for compensation under this subpart must be lodged by sending or delivering to the chief executive a properly completed claim in a form provided
by the chief executive.
51
Part 2 s 114
(2)
Greater Christchurch Regeneration Act 2016
2016 No 14
The claim must be lodged within 2 years after the exercise of the power in
question.
Compare: 2011 No 12 s 63
114
Minister determines compensation
(1)
The Minister must determine—
(2)
(a)
whether compensation is payable; and
(b)
the amount of compensation to be paid.
Compensation is determined,—
(a)
in the case of the compulsory acquisition of land, as at the date of the
compulsory acquisition; and
(b)
in any other case, as at the date of the notice of demolition or the date of
the loss or damage, as the case may be.
(3)
When determining the amount of compensation for the compulsory acquisition
of land, the Minister must have regard to the matters in subsection (4), but is
not limited to determining the amount of compensation on that basis alone.
(4)
The matters referred to in subsection (3) are—
(a)
the current market value of the land as determined by a valuation carried
out by a registered valuer; and
(b)
the relevant provisions of Part 5 of the Public Works Act 1981.
(5)
Before making a final determination under subsection (1), the Minister must
give a claimant a reasonable opportunity to appear before the Minister to make
representations as to the nature of the claim and the amount of compensation
payable.
(6)
A claimant may make representations under subsection (5) personally or
through a representative (including a lawyer, accountant, or other expert).
Compare: 2011 No 12 s 64
115
Time for making determination
The Minister must ensure that any claim for compensation is determined within
a reasonable time after the date on which the claim is lodged under section 113.
Compare: 2011 No 12 s 65
116
Exercise of power unaffected by claim for compensation
The exercise of the power giving rise to a claim for compensation under this
subpart is unaffected by the making and determination of the claim and, in particular, must not be subject to any delay or other impediment dependent on
resolution of the claim.
Compare: 2011 No 12 s 66
52
2016 No 14
117
Greater Christchurch Regeneration Act 2016
Part 2 s 119
No compensation except as provided by this Act
Nothing in this Act, apart from this subpart or section 83 or 84, confers any
right to compensation or is to be relied on in any proceedings as a basis for any
claim to compensation.
Compare: 2011 No 12 s 67
Subpart 4—Appeal rights
118
Appeal
(1)
There is no right of appeal against a decision of the Minister or the chief executive acting, or purporting to act, under this Act, except as provided in sections
119 and 120.
(2)
A proceeding must not be brought, and a court must not hear any proceeding,
that is in breach of this section.
(3)
To avoid doubt, there is no right of appeal, whether under this Act or the Resource Management Act 1991, against any decision under section 21, 26, 30,
31, 37, 38, 43, 47, 51, 52, 57, 58, 67, 69, 93, or 94.
Compare: 2011 No 12 s 68
119
Exceptions to exclusion of appeals
(1)
Any person referred to in subsection (2) may appeal to the High Court—
(2)
(3)
(a)
against a decision of a Minister under section 60(3); or
(b)
against a decision of a Minister under section 60(4); or
(c)
in respect of any dispute referred to in section 76; or
(d)
against a direction, or conditions given in relation to a direction, given
under section 89(2); or
(e)
against a determination of compensation under section 114.
The persons who may appeal under subsection (1) are,—
(a)
in the case of an appeal under subsection (1)(a), the council, requiring
authority, or heritage protection authority concerned:
(b)
in the case of an appeal under subsection (1)(b), Lyttelton Port Company
Limited:
(c)
in the case of an appeal under subsection (1)(c), any adjoining owner
who disputes the survey concerned or the lodgement of the caveat:
(d)
in the case of an appeal under subsection (1)(d), the property owner directed to act or the owner of an adjoining or adjacent property:
(e)
in the case of an appeal under subsection (1)(e), the claimant.
For the purposes of hearing an appeal under subsection (1), the court may appoint 1 or more suitably qualified persons (including an Environment Commis-
53
Part 2 s 120
Greater Christchurch Regeneration Act 2016
2016 No 14
sioner or other expert) to assist it by giving advice if the court considers that it
is desirable to have expert assistance.
(4)
The advisers must give their advice in the manner that the court may direct during the proceeding on any question referred to them.
(5)
The advice is information provided to the court, and may be given the weight
that the court thinks fit.
(6)
Any decision to which an appeal relates has full effect unless and until set aside
by a court.
Compare: 2011 No 12 s 69
120
Appeal from High Court and in some cases from Court of Appeal
(1)
An appeal to the Court of Appeal may, with the leave of that court, be brought
against a decision of the High Court in a case referred to in section 119 on a
question of law or on any other question.
(2)
The decision of the Court of Appeal is final in the case of any appeal referred
to in section 119(1)(a) to (d).
(3)
In the case of an appeal referred to in section 119(1)(e), an appeal from the
Court of Appeal to the Supreme Court may be brought against a decision of the
Court of Appeal on a question of law with the leave of the Supreme Court
given under the Supreme Court Act 2003.
Compare: 2011 No 12 s 70
Subpart 5—Regenerate Christchurch
121
Establishment and status of Regenerate Christchurch
(1)
This section establishes Regenerate Christchurch.
(2)
Regenerate Christchurch—
(a)
is a body corporate; and
(b)
is accordingly a legal entity separate from its members, office holders,
employees, the Crown, and Christchurch City Council; and
(c)
continues in existence until it is disestablished on the close of 30 June
2021.
Compare: 2004 No 115 s 15
122
Purpose and objectives of Regenerate Christchurch
(1)
Regenerate Christchurch’s purpose is to support a vibrant, thriving Christchurch that has economic, social, and lifestyle opportunities for residents, businesses, visitors, investors, and developers.
(2)
Regenerate Christchurch’s objectives are—
(a)
54
to lead regeneration in the area of Christchurch district that falls within
greater Christchurch:
2016 No 14
123
Greater Christchurch Regeneration Act 2016
Part 2 s 126
(b)
to engage and advocate effectively with communities, stakeholders, and
decision makers to achieve its purpose:
(c)
to collaboratively work with others in achieving regeneration.
Functions of Regenerate Christchurch
The functions of Regenerate Christchurch are—
(a)
to develop visions, strategies, and Regeneration Plans to assist in achieving regeneration:
(b)
to make recommendations and to provide advice to the Minister on the
development, revocation, and amendment of Plans under sections 28 to
39 and 49 to 59 and the exercise of powers under section 71:
(c)
to facilitate increased investment:
(d)
to provide advice to Ōtākaro Limited, Development Christchurch Limited, and others on the regeneration outcomes being sought:
(e)
to comment on regeneration outcomes and interventions, and the contribution of Ōtākaro Limited and Development Christchurch Limited:
(f)
to provide independent advice on regeneration activities to Christchurch
City Council and to the Minister.
124
Powers of Regenerate Christchurch
(1)
Regenerate Christchurch has full capacity and all the powers reasonably necessary to achieve its purpose and objectives and to perform its functions.
(2)
In performing its functions, Regenerate Christchurch must not act inconsistently with—
125
(a)
this Act; and
(b)
any Plan; and
(c)
any other lawful requirement.
Area of Regenerate Christchurch
Regenerate Christchurch may perform and exercise its functions and powers in
relation to the area of Christchurch district that falls within greater Christchurch.
Board of Regenerate Christchurch
126
Board’s role
(1)
The board is the governing body of Regenerate Christchurch, with the authority, in Regenerate Christchurch’s name, to exercise the powers and perform the
functions of Regenerate Christchurch.
55
Part 2 s 127
Greater Christchurch Regeneration Act 2016
2016 No 14
(2)
All decisions relating to the operation of Regenerate Christchurch must be
made by, or under the authority of, the board in accordance with this subpart
and Schedule 5.
(3)
Except as provided in this subpart or Schedule 5, the board may determine its
own procedure.
Compare: 2004 No 115 s 25
127
Membership of board
(1)
The board comprises 7 members, as follows:
(2)
(a)
3 members appointed by Christchurch City Council; and
(b)
4 members appointed by the Minister.
In making an appointment, an appointer must consider whether the proposed
member has the skills, knowledge, or experience to—
(a)
participate effectively in the board; and
(b)
contribute to achieving the purpose and objectives of Regenerate Christchurch.
(3)
The Minister must ensure that 1 member of the board appointed by the Minister under subsection (1)(b) is a person nominated for appointment by Te Rūnanga o Ngāi Tahu.
(4)
An appointer may appoint a member to the board for any period of time (provided that the period ends on or before 30 June 2021).
(5)
This section is subject to Part 1 of Schedule 5.
128
Chairperson of board
(1)
The Minister must appoint a member as the chairperson of the board for the
period ending on the close of 30 June 2019.
(2)
Christchurch City Council must appoint a member as the chairperson of the
board for the period beginning on 1 July 2019 and ending on the close of
30 June 2021.
Further provisions relating to Regenerate Christchurch
129
Further provisions relating to Regenerate Christchurch
The provisions in Schedule 5 have effect in relation to Regenerate Christchurch.
130
Role of Christchurch City Council and Minister
(1)
The role of Christchurch City Council and the Minister is to—
(a)
56
oversee and manage Christchurch City Council’s and the Crown’s interests in, and relationship with, Regenerate Christchurch; and
2016 No 14
(b)
Greater Christchurch Regeneration Act 2016
Part 2 s 131
perform the functions and exercise the powers set out in this subpart and
in Schedule 5, including those functions and powers relating to—
(i)
appointing and removing members under section 127 and Part 1
of Schedule 5:
(ii)
setting Regenerate Christchurch’s strategic direction and performance expectations, including by—
(iii)
(A)
engaging with Regenerate Christchurch on the preparation
of its statement of intent and statement of performance expectations:
(B)
producing a letter of expectations under section 131:
(C)
commenting on Regenerate Christchurch’s draft statement
of intent and draft statement of performance expectations
under Part 2 of Schedule 5:
(D)
directing Regenerate Christchurch to amend its final statement of intent or final statement of performance expectations under section 132:
reviewing the performance of Regenerate Christchurch under Part
2 of Schedule 5.
(2)
Christchurch City Council and the Minister may agree on how they will exercise their respective roles and responsibilities in relation to Regenerate Christchurch.
131
Letter of expectations
(1)
Christchurch City Council and the Minister may provide a letter of expectations that sets out their expectations of Regenerate Christchurch’s strategic direction and their specific priorities.
(2)
Christchurch City Council and the Minister must endeavour to produce any letter of expectations jointly.
(3)
However, the Minister may provide a letter of expectations to Regenerate
Christchurch on behalf of both parties if—
(4)
(a)
Christchurch City Council or the Minister has given notice to the other
party that they are unable to agree on a joint letter of expectations; and
(b)
30 working days after notice has been given under paragraph (a),—
(i)
Christchurch City Council and the Minister remain unable to
agree on a joint letter of expectations; and
(ii)
the Minister considers that it is unlikely that agreement will be
reached within a reasonable period of time.
If a letter of expectations is provided under this section, Regenerate Christchurch must consider the letter of expectations when preparing its statement of
intent and statement of performance expectations.
57
Part 2 s 132
Greater Christchurch Regeneration Act 2016
2016 No 14
132
Direction to amend statement of intent or statement of performance
expectations
(1)
Christchurch City Council and the Minister may agree to direct Regenerate
Christchurch to amend—
(a)
any provision that is included in Regenerate Christchurch’s final statement of intent under clause 50(1) or (2)(a), (b), (d), or (e) of Schedule 5:
(b)
any provision of Regenerate Christchurch’s final statement of performance expectations, excluding the forecast financial statements included
under clause 58 of Schedule 5.
(2)
Christchurch City Council and the Minister must consult Regenerate Christchurch before giving a direction.
(3)
The direction must be given in writing.
(4)
Regenerate Christchurch must comply with the direction.
(5)
The amendment to the statement of intent or statement of performance expectations, as specified in the direction, is in force from the effective date of the direction.
(6)
As soon as practicable after a direction has been given under this section, the
Minister must present a copy of it to the House of Representatives.
(7)
Clauses 50(3) and 52 of Schedule 5 apply to a statement of intent amended
under this section.
(8)
Clauses 57(3)(b) and (c) and 60 of Schedule 5 apply to a statement of performance expectations amended under this section.
133
Acts done before commencement
(1)
This section applies to acts done before the commencement of this subpart (including acts done before the enactment of this subpart).
(2)
An act is valid if it is done—
(a)
in accordance with the provisions of this subpart or Schedule 5; and
(b)
to facilitate the establishment of Regenerate Christchurch.
(3)
This section does not limit section 11 of the Interpretation Act 1999.
134
Successor organisation
(1)
The Governor-General may, by Order in Council made on the recommendation
of the Minister, approve a successor organisation to which assets and liabilities
of Regenerate Christchurch may be transferred in accordance with section 140.
(2)
The successor organisation must—
58
(a)
be a council-controlled organisation that is owned or controlled by
Christchurch City Council; and
(b)
be nominated for the purpose by Christchurch City Council.
2016 No 14
Greater Christchurch Regeneration Act 2016
Part 2 s 138
(3)
Section 56 of the Local Government Act 2002 does not apply to the establishment of the successor organisation.
135
Regenerate Christchurch’s income exempt from income tax
Income derived by Regenerate Christchurch is exempt income for the purposes
of the Income Tax Act 2007.
136
Application of certain Acts
The following Acts apply to Regenerate Christchurch:
(a)
the Official Information Act 1982:
(b)
the Ombudsmen Act 1975:
(c)
the Public Audit Act 2001.
Subpart 6—Transfer of assets, liabilities, and land
137
Interpretation in this subpart
In this subpart,—
assets means property of any kind, but excludes land
liabilities includes—
(a)
liabilities and obligations under any Act or agreement; and
(b)
contingent liabilities
third party, in relation to an asset or liability, means a party that has an interest, a right, or an obligation in relation to the asset or liability.
138
Regenerate Christchurch may transfer assets and liabilities
(1)
Regenerate Christchurch may, under an agreement with a transferee, transfer
any assets and liabilities of Regenerate Christchurch to the transferee under this
section.
(2)
An agreement under this section has no effect until it is approved by Christchurch City Council and the Minister.
(3)
An agreement under this section must provide that any transfer provided for in
the agreement takes place—
(4)
(a)
no earlier than the date on which the agreement is presented to the
House of Representatives in accordance with section 139; and
(b)
no later than the close of 30 June 2021.
Any of the following may be a transferee for the purposes of subsection (1):
(a)
Christchurch City Council:
(b)
a council organisation:
(c)
Ōtākaro Limited:
(d)
a department specified in Schedule 1 of the State Sector Act 1988.
59
Part 2 s 139
Greater Christchurch Regeneration Act 2016
2016 No 14
139
Notice of transfer
(1)
The Minister must present an agreement referred to in section 138 to the House
of Representatives within 12 sitting days after the date on which the agreement
is entered.
(2)
Regenerate Christchurch must provide any agreement it enters into under section 138 to the Minister as soon as practicable after the agreement is entered
into, in order that the Minister can comply with subsection (1).
(3)
The presentation of an agreement in accordance with subsection (1) is to be
treated as notice of the transfer and any third party must, after the date specified in the agreement for the transfer, deal with the transferee in place of the
transferor.
140
Residual assets and liabilities transferred to successor organisation
(1)
Any asset or liability that, immediately before 1 July 2021, belongs to Regenerate Christchurch (and that is not subject to an agreement under section 138) is,
on and from 1 July 2021, an asset or a liability of the successor organisation.
(2)
If an asset or a liability is transferred to the successor organisation under subsection (1), the successor organisation must, as soon as practicable after 1 July
2021, notify any third party of the transfer.
(3)
Any third party must, on and from 1 July 2021, deal with the successor organisation in place of Regenerate Christchurch.
141
Transfer of Crown agreements, etc
(1)
The Minister or chief executive may transfer to a party specified in subsection
(2) any of the Crown’s rights, obligations, or liabilities under any agreement or
undertaking entered into by the Crown for any purpose of the Canterbury
Earthquake Recovery Act 2011 or this Act.
(2)
The parties are—
(a)
a council:
(b)
a council organisation:
(c)
Regenerate Christchurch.
(3)
Rights, obligations, or liabilities may be transferred under this section only if
the transferee has agreed to accept the rights, obligations, or liabilities.
(4)
A transfer under this section is made by notice in writing delivered to the transferee and every other party to the agreement or undertaking.
(5)
From the date of transfer, any rights, obligations, or liabilities transferred under
this section—
60
(a)
cease to be the rights, obligations, or liabilities of the Crown; and
(b)
become the rights, obligations, or liabilities of the transferee.
2016 No 14
(6)
Greater Christchurch Regeneration Act 2016
Part 2 s 143
Nothing in section 11 applies to a transfer under this section.
Compare: 2011 No 12 s 87
142
Transfer of Crown assets, liabilities, and land to Ōtākaro Limited
(1)
The Minister or the chief executive may transfer to Ōtākaro Limited—
(a)
any of the Crown’s assets and liabilities (including, without limitation, in
relation to any authorisation or consent of any kind and any of the
Crown’s rights, obligations, or liabilities under any agreement or undertaking entered into by the Crown for any purpose of the Canterbury
Earthquake Recovery Act 2011 or this Act):
(b)
any land held by the Crown under the Canterbury Earthquake Recovery
Act 2011 or this Act.
(2)
Assets, liabilities, or land may be transferred under this section only if Ōtākaro
Limited has agreed to accept the assets, liabilities, or land.
(3)
A transfer of land under this section is subject to the chief executive being
satisfied that any requirements under the Canterbury Earthquake Recovery Act
2011 or this Act to offer the land back before its disposal have been complied
with.
(4)
A transfer of assets and liabilities under this section is made by notice in writing delivered to Ōtākaro Limited and any third party.
(5)
From the date of transfer, any assets or liabilities transferred under this section—
(6)
(a)
cease to be the assets or liabilities of the Crown; and
(b)
become the assets or liabilities of Ōtākaro Limited.
Nothing in section 11 applies to a transfer under this section.
Transfer of designations to Ōtākaro Limited
143
Transfer of designations to Ōtākaro Limited
(1)
In this section,—
designation means any of designations H1 to H10 described in Chapter 10 of
the district plan
district plan means the replacement district plan prepared under the Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014
Minister means the Minister for Canterbury Earthquake Recovery
RMA means the Resource Management Act 1991.
(2)
If the Minister transfers financial responsibility for a project to Ōtākaro Limited, the benefit of any designation that is relevant to the project is transferred to
Ōtākaro Limited.
61
Part 2 s 144
Greater Christchurch Regeneration Act 2016
2016 No 14
(3)
The Minister must advise the Minister for the Environment and Christchurch
City Council that the designation is transferred to Ōtākaro Limited and, for the
purposes of section 175(2)(b) of the RMA, Christchurch City Council must, as
soon as practicable and without using the process in Schedule 1 of the RMA,
note the transfer in the district plan.
(4)
Sections 176, 176A, 177, 179, 180, 181, 182, and 184 of the RMA apply, with
any necessary modifications, to Ōtākaro Limited in relation to a designation
transferred under this section as if Ōtākaro Limited were a requiring authority
within the meaning of section 166 of the RMA.
(5)
Nothing in section 11 applies to a transfer under this section.
Transfer does not affect rights, etc
144
Transfer does not affect rights, etc
Nothing effected or authorised by a transfer under this subpart—
(a)
may be regarded as placing any person in breach of an agreement or a
confidence or as otherwise making any person liable for a civil wrong;
or
(b)
may be regarded as giving rise to a right for any person to terminate or
cancel an agreement, or to accelerate the performance of any obligation;
or
(c)
may be regarded as placing any person in breach of an enactment, a rule
of law, or a provision of an agreement prohibiting, restricting, or regulating the assignment or transfer of property or the disclosure of information; or
(d)
releases a surety wholly or in part from any obligation; or
(e)
invalidates or discharges any agreement.
Subpart 7—Miscellaneous provisions
145
Protection from liability
(1)
Except as otherwise provided in this Act, no action lies against the Crown, or
an officer or employee or a Minister of the Crown, or against any other person,—
62
(a)
to recover any damages or other amount for any loss, damage, or adverse
effect that is due directly or indirectly to any action taken under this Act;
or
(b)
to require any work to be carried out or other action to be taken in order
to remedy or mitigate any loss, damage, or adverse effect that results directly or indirectly from any action taken under this Act.
2016 No 14
Greater Christchurch Regeneration Act 2016
Part 2 s 147
(2)
No person who takes any action under this Act is liable under the Resource
Management Act 1991 for any fine, costs, or expenses in respect of that action,
except as otherwise provided in this Act.
(3)
Subsection (1) applies whether the loss, damage, or adverse effect is caused by
any person taking any action or failing to take any action, so long as the act or
omission occurred in the exercise or performance, or intended exercise or intended performance, of his or her functions, duties, or powers under this Act.
(4)
No person is exempted from liability under subsection (1) for any act or omission to act that constitutes bad faith or gross negligence on the part of that person.
(5)
If, under this Act, the Minister or the chief executive becomes a party to any
agreement entered into by a council for the purposes of carrying out demolition
or other works, the Minister or chief executive is entitled to the full benefit of
any provision in the agreement that limits or excludes any liability of the council (such as liability for damage caused by, or for the costs of, demolition work)
under the agreement.
(6)
If a council assumes any liability of the Minister or chief executive in relation
to demolition or other works under this Act, the council is entitled to the full
benefit of any provision in an agreement that limits or excludes any liability of
the Minister or the chief executive (such as liability for damage caused by, or
for the costs of, demolition work) under the agreement.
(7)
In this section, references to this Act include Orders in Council made under or
continued by this Act.
Compare: 2011 No 12 s 83
Repeal of Canterbury Earthquake Recovery Act 2011 and related matters
146
Repeal, revocations, and validation
(1)
The Canterbury Earthquake Recovery Act 2011 (2011 No 12) is repealed.
(2)
Each Order in Council specified in Schedule 6 and made under section 71 of
that Act or continued by section 89(2) of that Act is revoked.
(3)
The following are revoked:
(a)
Recovery Strategy for Greater Christchurch, Mahere Haumanutanga o
Waitaha (published in the Gazette 2012 at p 1746):
(b)
Transition Recovery Plan (notified in the Gazette on 22 October 2015,
2015-go6191).
Compare: 2011 No 12 s 89
147
Continuation, amendment, and validation of certain Orders in Council
(1)
Each Order in Council specified in Schedule 7 and made under section 71 of
the Canterbury Earthquake Recovery Act 2011 or continued by section 89(2) of
that Act—
63
Part 2 s 148
(2)
(3)
Greater Christchurch Regeneration Act 2016
(a)
continues in force:
(b)
is amended in the manner specified in Schedule 7:
(c)
may be revoked in accordance with section 148.
2016 No 14
Despite section 8,—
(a)
the Canterbury Earthquake (Social Security Act) Order (No 2) 2010 continues to apply to the specified area (within the meaning of clause 4(1)
of that order):
(b)
the Canterbury Earthquake (Christchurch Replacement District Plan)
Order 2014 continues to apply to the Christchurch district (within the
meaning of clause 3 of that order).
An order continued by subsection (1)—
(a)
is declared to have been lawfully made and to be and always have been
valid; and
(b)
must not be held invalid because—
(i)
it is, or authorises any act or omission that is, inconsistent with
any other Act; or
(ii)
it confers any discretion on, or allows any matter to be determined
or approved by, any person.
(4)
An order continued by subsection (1) has the force of law as if it were enacted
as a provision of this Act.
148
Power to revoke Orders in Council continued by section 147
(1)
The Governor-General may, by Order in Council made on the recommendation
of the Minister, revoke an Order in Council continued by section 147.
(2)
Before making a recommendation under subsection (1), the Minister must, in
addition to meeting the requirements of section 11, have regard to the views of
the strategic partners.
149
Application of Legislation Act 2012
(1)
Despite section 147(4), an Order in Council continued by section 147 or made
under section 148 is a disallowable instrument for the purposes of the Legislation Act 2012.
(2)
An Order in Council made under section 148 must be presented to the House of
Representatives under section 41 of that Act.
Annual review
150
Annual review of Act
(1)
The Minister must, within 12 months after the commencement of this subpart
and once in every 12-month period after that, commission an annual review of
the operation and effectiveness of this Act.
64
2016 No 14
Greater Christchurch Regeneration Act 2016
Part 2 s 152
(2)
The person or persons conducting the review must prepare for the Minister a
report on the review.
(3)
The report must include—
(4)
(a)
a description of powers exercised by or on behalf of a Minister or a chief
executive under this Act during the period reported on:
(b)
any recommendations for amendments to this Act.
The Minister must present the report to the House of Representatives as soon
as practicable after it has been completed.
Compare: 2011 No 12 ss 88, 92
Repeal, amendments, and revocations
151
Repeal of this Act and revocations
(1)
This Act, except for section 1 and subpart 6 of Part 2, is repealed on the close
of 30 June 2021.
(2)
Section 1 and subpart 6 of Part 2 are repealed at the close of 30 June 2022.
(3)
At the close of 30 June 2021, every Order in Council continued by section 147
that is in force is revoked.
Compare: 2011 No 12 s 93
152
Consequential amendments and revocation
(1)
Amend the enactments specified in Part 1 of Schedule 8 as set out in that
schedule.
(2)
The order specified in Part 2 of Schedule 8 is revoked.
65
Schedule 1
Greater Christchurch Regeneration Act 2016
2016 No 14
Schedule 1
Transitional, savings, and related provisions
s5
Part 1
Provisions relating to Act as enacted
Subpart 1—Provisions having effect on and from day after Royal assent
1
Authorities granted under Canterbury Earthquake (Historic Places Act)
Order 2011
(1)
In this clause,—
authority means an emergency authority or a general emergency authority
granted under the HPA Order
HPA Order means the Canterbury Earthquake (Historic Places Act) Order
2011.
(2)
An authority that is granted before the commencement of this clause, and that
has not expired on the commencement of this clause, expires on the close of
30 June 2021.
(3)
An authority that is granted after the commencement of this clause expires on
the close of 30 June 2021, unless an earlier date is specified by the authority.
(4)
Subclauses (2) and (3) apply—
(a)
despite clause 12(2)(b) of the HPA Order; and
(b)
subject to the outcome of any appeal lodged in accordance with clause
15 of the HPA Order.
(5)
An authority to which subclause (2) or (3) applies that is granted in respect of a
site that is outside greater Christchurch (as that term is defined in section 4 of
this Act) continues to apply to that site until the authority expires in accordance
with this clause.
(6)
Subclause (5) applies despite section 8 of this Act.
Subpart 2—Provisions having effect on and from 19 April 2016
2
Provisions in this subpart have effect on and from 19 April 2016
The provisions of this subpart have effect on and from 19 April 2016.
3
Recovery Strategy
(1)
Despite the revocation of the Canterbury Earthquake (Recovery Strategy Approval) Order 2012 (Gazette 2012, p 1745) and the Recovery Strategy for
Greater Christchurch, Mahere Haumanutanga o Waitaha (Gazette 2012,
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2016 No 14
Greater Christchurch Regeneration Act 2016
Schedule 1
p 1746) (the recovery strategy), the recovery strategy is to be treated as remaining in force for the purposes of—
(2)
4
(a)
the Canterbury Earthquake (Christchurch Replacement District Plan)
Order 2014:
(b)
the Waimakariri Residential Red Zone Recovery Plan.
The following must not be inconsistent with the recovery strategy:
(a)
the replacement district plan prepared under the Canterbury Earthquake
(Christchurch Replacement District Plan) Order 2014:
(b)
the Waimakariri Residential Red Zone Recovery Plan.
Recovery Plan
Despite the repeal of the Canterbury Earthquake Recovery Act 2011, sections
16, 18, 19, 20, and 21 of that Act are to be treated as remaining in force for the
purposes of the development of the Waimakariri Residential Red Zone Recovery Plan.
5
Recovery of costs of, and claims in respect of, demolition of buildings
The repeal of the Canterbury Earthquake Recovery Act 2011 does not limit or
affect the recovery of costs under section 40(1)(b) of that Act or the bringing or
completion of any claim under section 40(2) or (3) of that Act.
6
Temporary buildings
Any temporary building erected under section 44 of the Canterbury Earthquake
Recovery Act 2011 (including any temporary building treated under section
44(1)(b) as authorised by that section) must be treated as if it had been erected
under section 85 of this Act.
7
Restrictions and prohibitions on access
Any restrictions or prohibitions on access imposed under section 45 of the Canterbury Earthquake Recovery Act 2011 are treated as having been imposed
under section 86 or 87 of this Act.
8
Compulsory acquisition of land
(1)
Any notice of intention published under section 54 of the Canterbury Earthquake Recovery Act 2011 that, as at the commencement of subpart 2 of Part 2,
has not expired or been withdrawn is to be treated for the purpose of this Act as
having been published under section 103 of this Act.
(2)
Any proclamation made under section 55 of the Canterbury Earthquake Recovery Act 2011 is, for the purpose of section 105 (if it is not yet registered) and
sections 106 and 109 and all other provisions of this Act, to be treated as if it
had been made under section 104 of this Act.
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Schedule 1
Greater Christchurch Regeneration Act 2016
2016 No 14
(3)
A notice or proclamation to which this clause applies is treated as if it had been
published in the Gazette on the date on which it was in fact published under the
Canterbury Earthquake Recovery Act 2011.
9
Compensation claims to be continued under Canterbury Earthquake
Recovery Act 2011
Any claim for compensation made under section 63 of the Canterbury Earthquake Recovery Act 2011 that, as at the commencement of subpart 3 of Part 2,
has been made but not completed must be completed as if this Act had not been
enacted.
Subpart 3—Application of Interpretation Act 1999
10
Application of Interpretation Act 1999
Nothing in this Part affects or limits the application of the Interpretation Act
1999.
68
2016 No 14
Greater Christchurch Regeneration Act 2016
Schedule 2
Schedule 2
Description of greater Christchurch
s4
1
Description of greater Christchurch
The area of greater Christchurch comprises—
(a)
the following wards:
(i)
Rangiora Ward (5903):
(ii)
Kaiapoi Ward (5904):
(iii)
Shirley–Papanui Ward (6001):
(iv)
Fendalton–Waimairi Ward (6002):
(v)
Burwood–Pegasus Ward (6003):
(vi)
Riccarton–Wigram Ward (6004):
(vii) Hagley–Ferrymead Ward (6005):
(viii) Spreydon–Heathcote Ward (6006):
(b)
(ix)
Selwyn Central Ward (6202):
(x)
Springs Ward (Excludes all of Lake Ellesmere) (6204):
the following area units:
(i)
Mandeville (586603):
(ii)
Ohoka (586604):
(iii)
Waikuku (586112):
(iv)
Woodend (586120):
(v)
Pegasus (586124):
(vi)
Woodend Beach (586126):
(vii) Coldstream (586127):
(viii) Ravenswood (586128):
(ix)
Tuahiwi (586129):
(x)
Woodend West (586130):
(xi)
Lyttelton (596400):
(xii) Governors Bay (596503):
(xiii) Quail Island (596504):
(xiv) Inlet–Port Lyttelton (625101):
(c)
the following meshblocks:
(i)
2711101:
(ii)
2711102:
69
Schedule 2
Greater Christchurch Regeneration Act 2016
(iii)
2711200:
(iv)
2711301:
(v)
2711302:
(vi)
2711900:
2016 No 14
(vii) 2712001:
(viii) 2712002:
(ix)
2712003:
(x)
2712004:
(xi)
2712005:
(xii) 2712410:
(xiii) 2712415:
(xiv) 2712419:
(xv) 2712420:
(xvi) 2712421:
(xvii) 2712422:
(xviii) 2712425:
(d)
2
that part of meshblock 2712426 that is north of a line—
(i)
commencing at a point on the boundary of that meshblock at Adderley Head (at −43.604, 172.826); then
(ii)
proceeding in a straight line in a north-easterly direction to a point
on the outer limit of the territorial sea (at −43.424, 172.989).
Meaning of ward, area unit, and meshblock
In clause 1, a reference to a ward, area unit, or meshblock is a reference to a
ward, area unit, or meshblock determined by Statistics New Zealand and described in the 2013 Census meshblock dataset.
3
Map of greater Christchurch
(1)
The following map is indicative only, and if there is any inconsistency between
the map, subclause (2), and the description in clause 1, the description in clause
1 prevails.
(2)
The area of greater Christchurch is the area of the map that is shaded dark grey
and bordered by a thick black line, and includes the adjacent coastal marine
area within that line.
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2016 No 14
Greater Christchurch Regeneration Act 2016
Schedule 2
71
Schedule 3
Greater Christchurch Regeneration Act 2016
2016 No 14
Schedule 3
Description of Christchurch residential red zone
s 13
1
Description of Christchurch residential red zone
For the purposes of subpart 1 of Part 2, the Christchurch residential red zone
comprises all land in the Christchurch district in respect of which the Crown
made an offer to purchase because, as a consequence of the Canterbury earthquakes, the area suffered severe land damage or was affected by rock-roll or
cliff collapse.
2
Maps of Christchurch residential red zone
(1)
The following maps are indicative only, and if there is any inconsistency between the maps, subclause (2), and the description in clause 1, the description
in clause 1 prevails.
(2)
The area of the Christchurch residential red zone is the area shaded dark grey
in the following 2 maps.
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2016 No 14
Greater Christchurch Regeneration Act 2016
Schedule 3
Map 1—Christchurch residential red zone
73
Schedule 3
Greater Christchurch Regeneration Act 2016
Map 2—Christchurch residential red zone
74
2016 No 14
2016 No 14
Greater Christchurch Regeneration Act 2016
Schedule 4
Schedule 4
Form
s 103
Form
Notice of intention to take land for [description of purpose] in [name of
district]
To [full name, address]
Take notice that—
1
The Minister [describe portfolio] proposes to take under the Greater Christchurch Regeneration Act 2016 your interest in the land described in the Schedule of this notice.
2
The land is required for [describe purpose] and it is intended to use the land for
[describe purposes for which the land is to be used].
3
A plan of the land intended to be taken is attached.
Reasons for taking land
4
The reasons why the Minister [describe portfolio] considers it necessary to take
your interest in the land are as follows: [state reasons].
Your right to compensation
5
This notice relates to the taking of your interest in the land and not to your right
to compensation. Under the Greater Christchurch Regeneration Act 2016, you
are entitled to compensation if your interest in the land is taken. You have the
opportunity to make representations as to the nature of the claim for compensation and the amount of compensation payable.
Warning
This notice concerns your rights over the land referred to. If you are in any doubt
about its effect, you should obtain legal advice immediately.
Do not delay.
Schedule
[Name] Land district
[Describe the land required to be taken, including the postal address or some other
readily identifiable description of the place where the land is situated. Add legal description of land.]
Date:
75
Schedule 4
Greater Christchurch Regeneration Act 2016
[Signature]
(for Minister [specify portfolio])
76
2016 No 14
2016 No 14
Greater Christchurch Regeneration Act 2016
Schedule 5
Schedule 5
Provisions applying in relation to Regenerate Christchurch
s 129
Contents
Page
Part 1
General provisions
Validity of acts
1
Validity of acts
79
Board of Regenerate Christchurch
2
3
4
5
6
Qualification of members
Quorum
Validity of members’ acts
Removal of members
Vacancies
80
80
80
81
81
Members’ remuneration and expenses
7
Members’ remuneration and expenses
82
Collective duties of board
8
9
10
11
Regenerate Christchurch must act consistently with purpose,
objectives, functions, statement of intent, and statement of
performance expectations
Manner in which functions must be performed
Regenerate Christchurch must operate in financially responsible
manner
Subsidiaries and other interests
82
82
82
83
Individual duties of members
12
13
14
15
16
Duty to comply with this Act
Duty to act with honesty and integrity
Duty to act in good faith and not at expense of Regenerate
Christchurch’s interests
Duty to act with reasonable care, diligence, and skill
Duty not to disclose information
83
83
83
83
84
Effect of non-compliance with duties
17
18
19
Accountability for collective board duties
Accountability for individual duties
Court actions requiring or restraining board or members
84
85
85
Reliance on information and advice
20
When members may rely on certain information and advice
86
77
Schedule 5
Greater Christchurch Regeneration Act 2016
2016 No 14
Conflict of interest disclosure rules
21
22
23
24
25
26
27
28
29
30
31
When interests must be disclosed
Obligation to disclose interest
Who disclosure of interests must be made to
What must be disclosed
Consequences of being interested in matter
Consequences of failing to disclose interest
Permission to act despite being interested in matter
Regenerate Christchurch may avoid certain acts done in breach of
conflict of interest rules
What is fair value
Onus of proving fair value
Effect of avoidance on third parties
86
87
87
87
87
88
88
88
89
89
89
Delegation
32
33
34
35
Ability to delegate
Powers of delegate
Effect of delegation
Revocations of delegations
89
90
90
91
Employees
36
37
Employment of chief executive
Regenerate Christchurch to be good employer
91
91
Protections from liability of members, office holders, and
employees
38
39
40
41
42
43
44
Definitions for protections from liability
Protections from liabilities of Regenerate Christchurch
Immunity from civil liability
Indemnities in relation to excluded act or omission
Insurance for liability of member, office holder, or employee
Breach of indemnity and insurance limits
Members, office holders, and employees are officials
91
92
92
92
93
93
93
Dealings with third parties
45
46
Method of contracting, attorneys, and address for service
Power to request information
93
93
Part 2
Reporting and financial obligations
47
Interpretation for this Part
94
Planning: statement of intent
48
49
50
78
Purpose of statement of intent
Obligation to prepare statement of intent
Content of statement of intent
94
95
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Greater Christchurch Regeneration Act 2016
Process for providing statement of intent to Christchurch City
Council and Minister
Obligation to publish and present statement of intent
Amendments to final statement of intent
52
53
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95
96
96
Planning: statement of performance expectations
54
55
56
57
58
59
Purpose of statement of performance expectations
Obligation to prepare statement of performance expectations
Initial statement of performance expectations
Content of statement of performance expectations
Forecast financial statements
Process for providing statement of performance expectations to
Christchurch City Council and Minister
Obligation to publish and present statement of performance
expectations
Amendments to statement of performance expectations
60
61
97
97
98
98
98
99
99
100
Reporting: annual report
62
63
64
Obligation to prepare, present, and publish annual report
Form and content of annual report
Disclosure of payments in respect of members, committee
members, and employees
Form and content of statement of performance
Annual financial statements
Statement of responsibility
Audit report
Final annual report of Regenerate Christchurch
65
66
67
68
69
101
101
102
103
103
103
104
104
Other financial provisions
70
Restrictions on acquisition of financial products, borrowing,
guarantees, indemnities, and derivatives
Liability for debts
71
104
105
Part 1
General provisions
Validity of acts
1
Validity of acts
Sections 19 to 24 of the Crown Entities Act 2004 apply to Regenerate Christchurch (as if Regenerate Christchurch were a Crown entity) subject to the following modifications:
(a)
the reference in section 21(a) of that Act to section 60 of that Act must
be read as a reference to clause 19 of this schedule:
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the reference in section 21(e) of that Act to section 69 of that Act must
be read as a reference to clause 28 of this schedule.
Compare: 2004 No 115 ss 19–24
Board of Regenerate Christchurch
2
Qualification of members
(1)
A natural person who is not disqualified by this clause may be a member.
(2)
Each of the following persons is disqualified from being a member:
(3)
(a)
a person who is an undischarged bankrupt:
(b)
a person who is prohibited from being a director or promoter of, or being
concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, or the Financial Markets Conduct Act 2013, or the Takeovers Act 1993:
(c)
a person who is subject to a property order under the Protection of Personal and Property Rights Act 1988:
(d)
a person in respect of whom a personal order has been made under the
Protection of Personal and Property Rights Act 1988 that reflects adversely on the person’s—
(i)
competence to manage his or her own affairs in relation to his or
her property; or
(ii)
capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare:
(e)
a person who has been convicted of an offence punishable by imprisonment for a term of 2 years or more, or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon,
served the sentence, or otherwise suffered the penalty imposed on the
person:
(f)
a member of Parliament:
(g)
a member of Christchurch City Council.
A member ceases to hold office if he or she becomes disqualified from being a
member under any of paragraphs (a) to (g) of subclause (2).
Compare: 2004 No 115 s 30
3
Quorum
The quorum for a meeting of the board is 4 members of the board.
4
Validity of members’ acts
The acts of a person as a member or as the chairperson of the board are valid
even though—
(a)
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a defect existed in the appointment of the person; or
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the person is or was disqualified from being a member under clause 2.
Compare: 2004 No 115 s 34
5
Removal of members
(1)
An appointer may, at any time and for any reason that in the appointer’s opinion justifies the removal, remove a member appointed by the appointer from
office.
(2)
However, before removing the member from office, the appointer must consult
the other appointer.
(3)
If Christchurch City Council and the Minister agree, they may, at any time and
for any reason that in their opinion justifies the removal, remove the chairperson from that role.
(4)
The removal of a member from office or of the chairperson from that role must
be made by written notice to the member or the chairperson (with a copy to
Regenerate Christchurch).
(5)
The notice must—
(a)
state the date on which the removal takes effect, which must not be earlier than the date on which the notice is received; and
(b)
state the reasons for the removal.
(6)
The appointer must notify the removal of a member from office in the Gazette
as soon as practicable after giving the notice.
(7)
The Minister must notify the removal of the chairperson from that role in the
Gazette as soon as practicable after giving the notice.
(8)
A member is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.
Compare: 2004 No 115 s 37
6
Vacancies
(1)
If a member is removed, or resigns, or is disqualified under clause 2, or if the
office of a member otherwise becomes vacant, there is a vacancy on the board.
(2)
A vacancy must be filled in the same manner as the appointment giving rise to
the vacancy was made.
(3)
The ability of the board to perform its functions is not affected by—
(a)
a vacancy; or
(b)
a failure by an appointer to make an appointment or a replacement appointment.
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Members’ remuneration and expenses
7
Members’ remuneration and expenses
(1)
Each member of the board is entitled, in accordance with the fees framework,—
(2)
(a)
to receive, from the funds of Regenerate Christchurch, remuneration for
services as a member at a rate and of a kind determined by the Minister
and Christchurch City Council; and
(b)
to be reimbursed, from the funds of Regenerate Christchurch, for actual
and reasonable travelling and other expenses incurred in carrying out his
or her office as a member.
For the purposes of subclause (1), fees framework has the same meaning as in
section 10 of the Crown Entities Act 2004.
Compare: 2004 No 115 ss 47, 48
Collective duties of board
8
Regenerate Christchurch must act consistently with purpose, objectives,
functions, statement of intent, and statement of performance expectations
The board must ensure that Regenerate Christchurch acts in a manner consistent with its purpose, objectives, and functions, and its current statement of intent and current statement of performance expectations under Part 2.
Compare: 2004 No 115 s 49
9
Manner in which functions must be performed
The board must ensure that Regenerate Christchurch performs its functions—
(a)
efficiently and effectively; and
(b)
in a manner consistent with the spirit of service to the public; and
(c)
in collaboration with other public entities (within the meaning of that
term in the Public Audit Act 2001) where practicable.
Compare: 2004 No 115 s 50
10
Regenerate Christchurch must operate in financially responsible manner
(1)
The board must ensure that Regenerate Christchurch operates in a financially
responsible manner and, for this purpose, that it—
82
(a)
prudently manages its assets and liabilities; and
(b)
endeavours to ensure—
(i)
its long-term financial viability; and
(ii)
that it acts as a successful going concern.
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Section 158 of the Crown Entities Act 2004 (relating to bank accounts of
Crown entities) applies to Regenerate Christchurch as if Regenerate Christchurch were a Crown entity.
Compare: 2004 No 115 s 51
11
Subsidiaries and other interests
The board must ensure that Regenerate Christchurch acquires or forms a subsidiary only after it has given notice of its intention to do so to Christchurch
City Council and the Minister.
Compare: 2004 No 115 s 96
Individual duties of members
12
Duty to comply with this Act
A member of the board must not contravene, or cause the contravention of, or
agree to Regenerate Christchurch contravening, this Act.
Compare: 2004 No 115 s 53
13
Duty to act with honesty and integrity
A member of the board must, when acting as a member, act with honesty and
integrity.
Compare: 2004 No 115 s 54
14
Duty to act in good faith and not at expense of Regenerate Christchurch’s
interests
A member of the board must, when acting as a member, act in good faith and
not pursue his or her own interests at the expense of Regenerate Christchurch’s
interests.
Compare: 2004 No 115 s 55
15
Duty to act with reasonable care, diligence, and skill
A member of the board must, when acting as a member, exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account (without limitation)—
(a)
the nature of Regenerate Christchurch; and
(b)
the nature of the action; and
(c)
the position of the member and the nature of the responsibilities undertaken by him or her.
Compare: 2004 No 115 s 56
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16
Duty not to disclose information
(1)
A member of the board who has information in his or her capacity as a member
that would not otherwise be available to him or her must not disclose that information to any person, or make use of, or act on, that information, except—
(2)
(a)
in the performance of Regenerate Christchurch’s functions; or
(b)
as required or permitted by law; or
(c)
in accordance with subclause (2); or
(d)
in complying with the requirements for members to disclose interests.
A member may disclose, make use of, or act on the information if—
(a)
the member is first authorised to do so by the board; and
(b)
the disclosure, use, or act in question will not, or will be unlikely to,
prejudice Regenerate Christchurch.
Compare: 2004 No 115 s 57
Effect of non-compliance with duties
17
Accountability for collective board duties
(1)
The duties of the board and members of the board under clauses 8 to 11 (collective duties) are duties owed to the Minister and to Christchurch City Council.
(2)
If a board does not comply with any of its collective duties, all or any of the
members may be removed from office (subject to any requirements in clause 5
that are applicable to the member).
(3)
However, subclause (2) does not apply to a member if—
(a)
he or she did not know and could not reasonably be expected to know
that the duty was to be or was being breached; or
(b)
he or she took all reasonable steps in the circumstances to prevent the
duty being breached.
(4)
The taking of reasonable steps does not require a member to apply to a court
for an order under clause 19.
(5)
A member is not liable for a breach of a collective duty under this Act.
(6)
However, subclause (5) does not limit subclause (2).
(7)
This clause does not affect any other ground for removing a member from
office.
(8)
Subclause (5) does not affect—
(a)
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anything else for which the member may be liable under any other Act
or rule of law arising from the act or omission that constitutes the
breach; or
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the right to apply for a court order under clause 19.
Compare: 2004 No 115 s 58
18
Accountability for individual duties
(1)
The duties of the members of the board under clauses 12 to 16 (individual duties) are duties owed to the Minister, Christchurch City Council, and Regenerate Christchurch.
(2)
If a member does not comply with his or her individual duties, that member
may be removed from office (subject to any requirements in clause 5 that are
applicable to the member).
(3)
Regenerate Christchurch may bring an action against a member for breach of
any individual duty.
(4)
Except as provided in subclauses (2) and (3), a member is not liable for a
breach of an individual duty under this Act.
(5)
This clause does not affect any other ground for removing a member from
office.
(6)
Subclause (4) does not affect—
(a)
anything else for which the member may be liable under any other Act
or rule of law arising from the act or omission that constitutes the
breach; or
(b)
the right to apply for a court order under clause 19.
Compare: 2004 No 115 s 59
19
Court actions requiring or restraining board or members
(1)
The Minister, Christchurch City Council, or a member of the board may apply
to a court for an order—
(2)
(3)
(4)
(a)
restraining the board or a member of the board from engaging in conduct
that would contravene any requirement under this Act; and
(b)
granting any consequential relief.
The Minister or Christchurch City Council may apply to a court for an order—
(a)
requiring the board or a member of the board to take any action that is
required to be taken under this Act:
(b)
granting any consequential relief.
The court may make an order on the application subject to the following rules:
(a)
an order may be made only if it is just and equitable to do so:
(b)
no order may be made in respect of conduct that has been completed.
The court may, at any time before the final determination of an application
under this clause, make as an interim order any order that it is empowered to
make as a final order.
Compare: 2004 No 115 s 60
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Reliance on information and advice
20
When members may rely on certain information and advice
(1)
A member of the board, when acting as a member, may rely on reports, statements, financial data, and other information prepared or supplied, and on professional or expert advice given, by any of the following persons:
(a)
an employee of Regenerate Christchurch whom the member believes on
reasonable grounds to be reliable and competent in relation to the matters concerned:
(b)
a professional adviser or an expert in relation to matters that the member
believes on reasonable grounds to be within the person’s professional or
expert competence:
(c)
any other member or a committee on which the member did not serve in
relation to matters within the member’s or committee’s designated authority.
(2)
A member, when acting as a member, may rely on reports, statements, financial
data, and other information supplied by the Crown or by Christchurch City
Council.
(3)
This clause applies to a member only if the member—
(a)
acts in good faith; and
(b)
makes proper inquiry if the need for inquiry is indicated by the circumstances; and
(c)
has no knowledge that the reliance is unwarranted.
Compare: 2004 No 115 s 61
Conflict of interest disclosure rules
21
When interests must be disclosed
(1)
In this clause, matter means—
(2)
86
(a)
the board’s performance of its functions or exercise of its powers; or
(b)
an agreement made or entered into, or proposed to be entered into, by
Regenerate Christchurch.
A person is interested in a matter if he or she—
(a)
may derive a financial benefit from the matter; or
(b)
is the spouse, civil union partner, de facto partner, child, or parent of a
person who may derive a financial benefit from the matter; or
(c)
may have a financial interest in a person to whom the matter relates; or
(d)
is a partner, director, officer, board member, or trustee of a person who
may have a financial interest in a person to whom the matter relates; or
(e)
is otherwise directly or indirectly interested in the matter.
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However, a person is not interested in a matter—
(a)
if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence him or her in carrying out his or
her responsibilities under this Act or another Act; or
(b)
only because he or she has past or current involvement in the relevant
sector, industry, or practice.
Compare: 2004 No 115 s 62
22
Obligation to disclose interest
(1)
A member who is interested in a matter relating to Regenerate Christchurch
must disclose details of the interest in accordance with clause 23 as soon as
practicable after the member becomes aware that he or she is interested.
(2)
A general notice of an interest in a matter relating to Regenerate Christchurch,
or in a matter that may in future relate to Regenerate Christchurch, that is disclosed in accordance with clause 23 is a standing disclosure of that interest for
the purposes of this clause.
(3)
A standing disclosure ceases to have effect if the nature of the interest materially alters or the extent of the interest materially increases.
Compare: 2004 No 115 s 63
23
Who disclosure of interests must be made to
The member must disclose details of the interest in an interests register kept by
Regenerate Christchurch and to—
(a)
the chairperson; or
(b)
if the chairperson is unavailable or interested,—
(i)
Christchurch City Council, if the member was appointed by
Christchurch City Council; or
(ii)
the Minister, if the member was appointed by the Minister.
Compare: 2004 No 115 s 64
24
What must be disclosed
The details that must be disclosed under clause 23 are—
(a)
the nature of the interest and the monetary value of the interest (if the
monetary value can be quantified); or
(b)
the nature and extent of the interest (if the monetary value cannot be
quantified).
Compare: 2004 No 115 s 65
25
Consequences of being interested in matter
A member who is interested in a matter relating to Regenerate Christchurch—
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(a)
must not vote or take part in any discussion or decision of the board or
any committee relating to the matter, or otherwise participate in any activity of Regenerate Christchurch that relates to the matter; and
(b)
must not sign any document relating to the entry into a transaction or the
initiation of the matter; and
(c)
is to be disregarded for the purpose of forming a quorum for that part of
a meeting of the board or committee during which a discussion or decision relating to the matter occurs or is made.
Compare: 2004 No 115 s 66
26
Consequences of failing to disclose interest
(1)
The board must notify Christchurch City Council and the Minister of a failure
to comply with clause 22 or 25, and of the acts affected, as soon as practicable
after becoming aware of the failure.
(2)
A failure to comply with clause 22 or 25 does not affect the validity of an act or
matter.
(3)
However, subclause (2) does not limit the right of any person to apply, in accordance with law, for judicial review.
Compare: 2004 No 115 s 67
27
Permission to act despite being interested in matter
(1)
The chairperson of Regenerate Christchurch may, by prior written notice to the
board, permit 1 or more members, or members with a specified class of interest, to do anything otherwise prohibited by clause 25, if the chairperson is
satisfied that it is in the public interest to do so.
(2)
The permission may state conditions that the member must comply with.
(3)
Christchurch City Council and the Minister may give the permission if the
chairperson is unavailable or interested.
(4)
The permission may be amended or revoked in the same way as it may be
given.
(5)
The board must disclose an interest to which a permission relates in its annual
report, together with a statement of who gave the permission and any conditions or amendments to, or revocation of, the permission.
Compare: 2004 No 115 s 68
28
Regenerate Christchurch may avoid certain acts done in breach of conflict
of interest rules
(1)
The board may avoid a natural person act done by Regenerate Christchurch in
respect of which a member was in breach of clause 25.
(2)
However, the act—
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(a)
may be avoided only within 3 months of the affected act being disclosed
to Christchurch City Council and the Minister under clause 26; and
(b)
cannot be avoided if Regenerate Christchurch receives fair value in respect of the act.
An act in which a member is interested can be avoided on the ground of the
member’s interest only in accordance with this clause.
Compare: 2004 No 115 s 69
29
What is fair value
(1)
Regenerate Christchurch is presumed to receive fair value in respect of an act
that is done by Regenerate Christchurch in the ordinary course of its business
and on usual terms and conditions.
(2)
Whether Regenerate Christchurch receives fair value in respect of an act must
be determined on the basis of the information known to Regenerate Christchurch and to the interested member at the time the act is done.
Compare: 2004 No 115 s 70
30
Onus of proving fair value
(1)
A person seeking to prevent an act being avoided, and who knew, or ought
reasonably to have known, of the member’s interest at the time the act was
done, has the onus of establishing fair value.
(2)
In any other case, the board has the onus of establishing that Regenerate Christchurch did not receive fair value.
Compare: 2004 No 115 s 71
31
Effect of avoidance on third parties
The avoidance of an act under clause 28 does not affect the title or interest of a
person to or in property that that person has acquired if the property was acquired—
(a)
from a person other than Regenerate Christchurch; and
(b)
for valuable consideration; and
(c)
without knowledge of the circumstances of the act under which the person referred to in paragraph (a) acquired the property from Regenerate
Christchurch.
Compare: 2004 No 115 s 72
Delegation
32
Ability to delegate
(1)
The board may delegate any of the functions or powers of the board, either
generally or specifically, to any of the following persons by resolution and
written notice to the person or persons:
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(a)
a member or members:
(b)
the chief executive or any other employee or employees, or office holder
or holders, of Regenerate Christchurch:
(c)
a committee:
(d)
any other person or persons approved by Christchurch City Council and
the Minister:
(e)
any class of persons comprised of any of the persons listed in paragraphs
(a) to (d).
The board must not delegate the general power of delegation.
Compare: 2004 No 115 s 73
33
Powers of delegate
(1)
A delegate to whom any functions or powers of the board are delegated—
(2)
(a)
may, unless the delegation provides otherwise, perform the function or
exercise the power in the same manner, subject to the same restrictions,
and with the same effect as if the delegate were the board; and
(b)
may delegate the function or power only—
(i)
with the prior written consent of the board; and
(ii)
subject to the same restrictions, and with the same effect, as if the
subdelegate were the delegate.
A delegate who purports to perform a function or exercise a power under a
delegation—
(a)
is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation; and
(b)
must produce evidence of his or her authority to do so, if reasonably requested to do so.
Compare: 2004 No 115 s 74
34
Effect of delegation
No delegation in accordance with this Act—
(a)
affects or prevents the performance of any function or the exercise of
any power by the board; or
(b)
affects the responsibility of the board for the actions of any delegate
acting under the delegation; or
(c)
is affected by any change in the membership of the board or of any committee or class of persons or by any change in an office holder, chief
executive, or employee.
Compare: 2004 No 115 s 75
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35
Revocations of delegations
(1)
A delegation under clause 32 may be revoked at will by—
(2)
(a)
resolution of the board and written notice to the delegate; or
(b)
any other method provided for in the delegation.
Schedule 5
A delegation under clause 33(1)(b) may be revoked at will by written notice of
the delegate to the subdelegate.
Compare: 2004 No 115 s 76
Employees
36
Employment of chief executive
(1)
Regenerate Christchurch must not agree to the terms and conditions of employment for a chief executive, or to an amendment of those terms and conditions,
without consulting the State Services Commissioner and the chief executive of
Christchurch City Council.
(2)
Regenerate Christchurch must have particular regard to any recommendations
that the Commissioner makes to it within a reasonable time of being consulted.
(3)
A failure to comply with this clause does not invalidate the acts of a chief
executive.
Compare: 2004 No 115 s 117
37
Regenerate Christchurch to be good employer
(1)
Regenerate Christchurch must—
(2)
(a)
operate a personnel policy that complies with the principle of being a
good employer; and
(b)
make that policy (including the equal employment opportunities programme) available to its employees; and
(c)
ensure its compliance with that policy (including its equal employment
opportunities programme) and report in its annual report on the extent of
its compliance.
For the purposes of this clause, good employer and equal employment opportunities programme have the same meanings as in section 118(2) and (3)
of the Crown Entities Act 2004.
Compare: 2004 No 115 s 118
Protections from liability of members, office holders, and employees
38
Definitions for protections from liability
In clauses 39 to 44,—
effect insurance includes pay, whether directly or indirectly, the costs of the
insurance
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employee includes a person who was an employee at any time after the commencement of this Part but who is no longer an employee
excluded act or omission means an act or omission by the member, office
holder, or employee in good faith and in performance or intended performance
of Regenerate Christchurch’s functions
indemnify includes relieve or excuse from liability, whether before or after the
liability arises, and indemnity has a corresponding meaning
member includes a person who was a member at any time after the commencement of this Part but who is no longer a member
office holder includes a person who was an office holder at any time after the
commencement of this Part but who is no longer an office holder.
Compare: 2004 No 115 s 126
39
Protections from liabilities of Regenerate Christchurch
A member of the board or an office holder or employee of Regenerate Christchurch is not liable for any liability of Regenerate Christchurch by reason only
of being a member, office holder, or employee.
Compare: 2004 No 115 s 120
40
Immunity from civil liability
(1)
A member of the board is not liable, in respect of an excluded act or omission,—
(a)
to Regenerate Christchurch, unless it is also a breach of an individual
duty under any of clauses 12 to 16:
(b)
to any other person.
(2)
An office holder or employee is not liable to any person in respect of an excluded act or omission.
(3)
Nothing in this clause affects—
(a)
the making of an order under clause 19:
(b)
the liability of any person that is not a civil liability:
(c)
the right of any person to apply, in accordance with the law, for judicial
review.
Compare: 2004 No 115 s 121
41
Indemnities in relation to excluded act or omission
Regenerate Christchurch may only indemnify a member, an office holder, or an
employee in respect of an excluded act or omission (including costs incurred in
defending or settling any claim or proceeding relating to that excluded act or
omission).
Compare: 2004 No 115 s 122
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Insurance for liability of member, office holder, or employee
Regenerate Christchurch may effect insurance cover for a member, office holder, or employee in relation to his or her acts or omissions, except an act or
omission that is—
(a)
in bad faith:
(b)
not in the performance or intended performance of Regenerate Christchurch’s functions.
Compare: 2004 No 115 s 123
43
Breach of indemnity and insurance limits
(1)
A member, office holder, or employee who is indemnified or insured by Regenerate Christchurch in breach of this Act must repay to Regenerate Christchurch
the cost of providing or effecting that indemnity or insurance cover, to the extent that the indemnity or insurance cover exceeds that which could have been
provided or effected under this Act.
(2)
Regenerate Christchurch may recover the amount as a debt due in a court of
competent jurisdiction.
Compare: 2004 No 115 s 125
44
Members, office holders, and employees are officials
(1)
A member, an office holder, or an employee of Regenerate Christchurch is an
official for the purposes of sections 105 and 105A of the Crimes Act 1961.
(2)
For the purposes of this section, an individual working for Regenerate Christchurch as a contractor or secondee in relation to a function, duty, or power of
Regenerate Christchurch is to be treated as if he or she were an employee.
Compare: 2004 No 115 s 135
Dealings with third parties
45
Method of contracting, attorneys, and address for service
The following provisions of the Crown Entities Act 2004 apply to Regenerate
Christchurch as if it were a statutory entity (that is not a corporation sole):
46
(a)
section 127 (method of contracting):
(b)
section 129 (attorneys):
(c)
section 130 (address for service).
Power to request information
The board must supply to the Minister or to Christchurch City Council any information relating to the operations and performance of Regenerate Christchurch that the Minister or Christchurch City Council requests.
Compare: 2004 No 115 s 133(1)
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Reporting and financial obligations
47
Interpretation for this Part
(1)
In this Part, unless the context otherwise requires,—
financial year means the 12 months ending on the close of 30 June
outputs means the goods or services that are supplied by Regenerate Christchurch
reportable class of outputs, in respect of a financial year, means a class of
outputs—
(2)
(a)
that Regenerate Christchurch proposes to supply in the financial year;
and
(b)
that is directly funded (in whole or in part) by—
(i)
the Crown in accordance with an appropriation for the purpose; or
(ii)
Christchurch City Council; or
(iii)
grants distributed under any Act; or
(iv)
levies, fees, or charges prescribed by or under any Act.
Unless the context otherwise requires,—
(a)
any word or expression used in this Part but not defined in this clause
has the same meaning as it has in section 4 of this Act; and
(b)
any word or expression used in this Part but not defined in this clause or
in section 4 of this Act has the same meaning as in the Public Finance
Act 1989.
Compare: 2004 No 115 s 136
Planning: statement of intent
48
Purpose of statement of intent
The purpose of a statement of intent is to promote the public accountability of
Regenerate Christchurch by—
(a)
enabling Christchurch City Council and the Minister to participate in the
process of setting Regenerate Christchurch’s strategic intentions and medium-term undertakings:
(b)
setting out for the House of Representatives, Christchurch City Council,
and the public those intentions and undertakings:
(c)
providing a base against which Regenerate Christchurch’s actual performance can later be assessed.
Compare: 2004 No 115 s 138
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49
Obligation to prepare statement of intent
(1)
Regenerate Christchurch must prepare statements of intent that comply with
clause 50 as follows:
(2)
(a)
a statement of intent that relates to the 2016/17 financial year and at least
the following 3 financial years:
(b)
a statement of intent that relates to the 2019/20 financial year and at least
the period beginning on 1 July 2020 and ending on the close of 30 June
2021.
Regenerate Christchurch may prepare additional statements of intent.
Compare: 2004 No 115 s 139
50
Content of statement of intent
(1)
A statement of intent must, for the period to which it relates, set out the strategic objectives that Regenerate Christchurch intends to achieve or contribute to
(strategic intentions).
(2)
A statement of intent must also, for the period to which it relates,—
(3)
(a)
explain the nature and scope of Regenerate Christchurch’s functions and
intended operations:
(b)
explain how Regenerate Christchurch intends to manage its functions
and operations to meet its strategic intentions:
(c)
explain how Regenerate Christchurch proposes to manage its organisational health and capability:
(d)
explain how Regenerate Christchurch proposes to assess its performance:
(e)
set out and explain any other matters that are reasonably necessary to
achieve an understanding of Regenerate Christchurch’s strategic intentions and capability.
A statement of intent—
(a)
must be in writing, be dated, and be signed on behalf of the board by 2
members; and
(b)
is a final statement of intent when it has been signed in accordance with
paragraph (a).
Compare: 2004 No 115 s 141
51
Process for providing statement of intent to Christchurch City Council
and Minister
(1)
Regenerate Christchurch must provide a statement of intent to Christchurch
City Council and the Minister.
(2)
The process that must be followed in providing a statement of intent is as follows:
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Regenerate Christchurch must provide a draft statement of intent to
Christchurch City Council and the Minister,—
(i)
in the case of the statement of intent prepared under clause
49(1)(a), as soon as practicable after the commencement of this
schedule; or
(ii)
no later than 2 months before the start of the first financial year to
which the statement of intent relates; and
(b)
Christchurch City Council and the Minister must each provide to Regenerate Christchurch any comments that they may have on the draft no later than 20 working days after receiving it; and
(c)
Regenerate Christchurch must consider the comments (if any) on the
draft; and
(d)
Regenerate Christchurch must provide the final statement of intent to
Christchurch City Council and the Minister,—
(i)
in the case of the statement of intent prepared under clause
49(1)(a), as soon as practicable after receiving the comments (if
any); or
(ii)
as soon as practicable after receiving the comments (if any), but in
any event before the start of the first financial year to which the
statement of intent relates.
Compare: 2004 No 115 s 146
52
Obligation to publish and present statement of intent
(1)
Regenerate Christchurch must, as soon as practicable after providing a final
statement of intent to Christchurch City Council and the Minister, publish the
statement of intent on its Internet site.
(2)
Despite subclause (1), if a final statement of intent relates to a period commencing on or after the next Budget day, the Minister may require Regenerate
Christchurch not to publish the statement in the pre-Budget period.
(3)
The Minister must present a copy of the final statement of intent to the House
of Representatives.
(4)
The statement of intent may be presented or published in a document that includes any other statement or information, but only if each statement or set of
information is separately identifiable within that document.
Compare: 2004 No 115 s 149
53
Amendments to final statement of intent
(1)
Regenerate Christchurch may amend its final statement of intent.
(2)
Regenerate Christchurch must amend its final statement of intent if—
(a)
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the intentions and undertakings in the statement of intent are significantly altered or affected by—
(i)
any change in the law:
(ii)
any other change in Regenerate Christchurch’s operating environment.
(3)
Regenerate Christchurch must make the amendment required under subclause
(2) as soon as practicable after it becomes aware of the facts that give rise to
the obligation to amend under this clause.
(4)
The following process applies to an amendment under subclause (1) or (2):
(5)
(a)
Regenerate Christchurch must provide a draft amendment to Christchurch City Council and the Minister; and
(b)
Christchurch City Council and the Minister must each provide to Regenerate Christchurch any comments on the draft that they may have no later than 20 working days after receiving it; and
(c)
Regenerate Christchurch must consider the comments (if any) and must
provide the final amendment to Christchurch City Council and the Minister as soon as practicable.
Clauses 50(3) and 52 apply to the amended statement of intent.
Compare: 2004 No 115 s 148
Planning: statement of performance expectations
54
Purpose of statement of performance expectations
The purpose of a statement of performance expectations for Regenerate Christchurch is to—
(a)
enable Christchurch City Council and the Minister to participate in the
process of setting annual performance expectations; and
(b)
enable the House of Representatives, Christchurch City Council, and the
public to be informed of those expectations; and
(c)
provide a base against which actual performance can be assessed.
Compare: 2004 No 115 s 149B
55
Obligation to prepare statement of performance expectations
(1)
Before the start of each financial year, Regenerate Christchurch must prepare a
statement of performance expectations for that financial year that complies
with clause 57.
(2)
However, if Regenerate Christchurch does not propose to supply any reportable
classes of outputs in that financial year, the statement of performance expectations—
(a)
must comply with clause 57(1)(b) and (3); but
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need not comply with clause 57(1)(a) or (2).
Compare: 2004 No 115 s 149C
56
Initial statement of performance expectations
(1)
As soon as practicable after the commencement of this schedule, Regenerate
Christchurch must prepare a statement of performance expectations that covers
the period from the commencement of this schedule to the close of 30 June
2017.
(2)
Clauses 55(2) and 57 to 61 apply, with any necessary modifications, to the
statement of performance expectations prepared under this clause.
Compare: 2004 No 115 s 149D
57
Content of statement of performance expectations
(1)
Each statement of performance expectations must, in relation to a financial
year,—
(2)
(3)
(a)
identify each reportable class of outputs for the financial year; and
(b)
state whether Regenerate Christchurch proposes to supply any class of
outputs in the financial year that is not a reportable class of outputs.
For each reportable class of outputs, the statement of performance expectations
must—
(a)
include a concise explanation of what the class of outputs is intended to
achieve; and
(b)
identify the expected revenue and proposed expenses for the class of
outputs; and
(c)
include a concise explanation of how the performance of the class of
outputs will be assessed.
A statement of performance expectations—
(a)
must comply with generally accepted accounting practice; and
(b)
must be in writing, be dated, and be signed on behalf of the board by 2
members; and
(c)
is a final statement of performance expectations when it has been signed
in accordance with paragraph (b).
Compare: 2004 No 115 s 149E
58
Forecast financial statements
(1)
Each statement of performance expectations, in relation to a financial year,
must contain forecast financial statements for the financial year, prepared in accordance with generally accepted accounting practice.
(2)
The forecast financial statements must include—
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(a)
a statement of all significant assumptions underlying the forecast financial statements; and
(b)
any additional information and explanations needed to fairly reflect the
forecast financial operations and financial position of Regenerate Christchurch.
Compare: 2004 No 115 s 149G
59
Process for providing statement of performance expectations to
Christchurch City Council and Minister
(1)
Regenerate Christchurch must provide a statement of performance expectations
to Christchurch City Council and the Minister.
(2)
The process that must be followed in providing a statement of performance expectations is as follows:
(a)
Regenerate Christchurch must provide a draft statement of performance
expectations to Christchurch City Council and the Minister,—
(i)
in the case of the statement of performance expectations prepared
under clause 56, as soon as practicable after the commencement
of this schedule; or
(ii)
no later than 2 months before the start of the financial year to
which the statement of performance expectations relates; and
(b)
Christchurch City Council and the Minister must each provide to Regenerate Christchurch any comments that they may have on the draft no later than 20 working days after receiving it; and
(c)
Regenerate Christchurch must consider the comments (if any) on the
draft; and
(d)
Regenerate Christchurch must provide the final statement of performance expectations to Christchurch City Council and the Minister,—
(i)
in the case of the statement of performance expectations prepared
under clause 56, as soon as practicable after receiving the comments (if any); or
(ii)
as soon as practicable after receiving the comments (if any), but in
any event before the start of the financial year to which the statement of performance expectations relates.
Compare: 2004 No 115 s 149I
60
Obligation to publish and present statement of performance expectations
(1)
Regenerate Christchurch must, as soon as practicable after providing a final
statement of performance expectations to Christchurch City Council and the
Minister, publish the statement on its Internet site.
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(2)
However, if the final statement of performance expectations relates to a period
commencing on or after the next Budget day, the Minister may require Regenerate Christchurch not to publish the statement in the pre-Budget period.
(3)
The Minister must present a copy of the final statement of performance expectations to the House of Representatives.
(4)
The statement of performance expectations may be presented or published in a
document that includes any other statement or information, but only if each
statement or set of information is separately identifiable within that document.
Compare: 2004 No 115 s 149L
61
Amendments to statement of performance expectations
(1)
Regenerate Christchurch may amend its final statement of performance expectations.
(2)
Regenerate Christchurch must amend its final statement of performance expectations if—
(a)
the information contained in the statement of performance expectations
is false or misleading in a material particular; or
(b)
the intentions and undertakings in the statement of performance expectations are significantly altered or affected by—
(i)
any change in the law:
(ii)
any other change in Regenerate Christchurch’s operating environment.
(3)
Regenerate Christchurch must make the amendment required under subclause
(2) as soon as practicable after it becomes aware of the facts that give rise to
the obligation to amend under this clause.
(4)
The following process applies to an amendment under subclause (1) or (2):
(5)
(a)
Regenerate Christchurch must provide a draft amendment to Christchurch City Council and the Minister; and
(b)
Christchurch City Council and the Minister must each provide to Regenerate Christchurch any comments on the draft that they may have no later than 20 working days after receiving it; and
(c)
Regenerate Christchurch must consider the comments (if any) and must
provide the final amendment to Christchurch City Council and the Minister as soon as practicable.
Clauses 57(3)(b) and (c) and 60 apply to the amended statement of performance expectations.
Compare: 2004 No 115 s 149K
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Reporting: annual report
62
Obligation to prepare, present, and publish annual report
(1)
Regenerate Christchurch must,—
(a)
as soon as practicable after the end of each financial year (not including
the financial year ending 30 June 2016), prepare a report on the affairs of
Regenerate Christchurch (an annual report); and
(b)
within 3 months after the end of the financial year and no later than 15
working days after receiving the audit report provided under clause 68,
provide the annual report to Christchurch City Council and the Minister.
(2)
The Minister must present the annual report to the House of Representatives
within 5 working days after the Minister receives the annual report or, if Parliament is not in session, as soon as possible after the commencement of the next
session of Parliament.
(3)
Regenerate Christchurch must publish the annual report as soon as practicable
after it has been presented to the House of Representatives, but in any case not
later than 10 working days after the annual report is received by the Minister.
(4)
The annual report may be presented or published in a document that includes
any other report or information but only if each report or set of information is
separately identifiable within that document.
Compare: 2004 No 115 s 150
63
Form and content of annual report
(1)
An annual report must contain the following information and reports in respect
of the financial year to which it relates:
(a)
information on operations that complies with subclause (4); and
(b)
a statement of performance in accordance with clause 65; and
(c)
the annual financial statements for Regenerate Christchurch in accordance with clause 66; and
(d)
a statement of responsibility in accordance with clause 67; and
(e)
the audit report in accordance with clause 68; and
(f)
information on compliance with its obligation to be a good employer (including its equal employment opportunities programme); and
(g)
information required by clause 64 (which relates to payments in respect
of members, committee members, and employees during that financial
year); and
(h)
information required by clause 27(5) (which relates to permission to act
despite being interested in a matter); and
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any matters that relate to or affect Regenerate Christchurch’s operations
that Regenerate Christchurch is otherwise required, or has undertaken, or
wishes to report on in its annual report.
(2)
The annual report prepared in respect of the financial year ending with the
close of 30 June 2017 must also include the information and reports specified
in subclause (1) in respect of the period beginning on 18 April 2016 and ending
with the close of 30 June 2016.
(3)
For the purpose of subclause (2), each reference to a financial year in this
clause and clauses 62 to 68 must be read as a reference to the period beginning
on 18 April 2016 and ending with the close of 30 June 2017.
(4)
The annual report must provide the information that is necessary to enable an
informed assessment to be made of Regenerate Christchurch’s operations and
performance for that financial year, including an assessment of Regenerate
Christchurch’s progress in relation to its strategic intentions as set out in the
most recent statement of intent.
(5)
An annual report must be in writing, be dated, and be signed on behalf of the
board by 2 members.
Compare: 2004 No 115 s 151
64
Disclosure of payments in respect of members, committee members, and
employees
(1)
The annual report must include,—
102
(a)
for each board member, the total value of the remuneration (other than
compensation or other benefits referred to in paragraph (d)) paid or payable to the member in his or her capacity as a member from Regenerate
Christchurch during that financial year; and
(b)
for each committee member who is not a board member or an employee,
the total value of the remuneration (other than compensation or other
benefits referred to in paragraph (d)) paid or payable to the member in
his or her capacity as a committee member from Regenerate Christchurch during that financial year; and
(c)
the number of employees to whom, during the financial year, remuneration (other than compensation or other benefits referred to in paragraph
(d)) was paid or payable in their capacity as employees, the total value of
which is or exceeds $100,000 per annum, and the number of those employees in brackets of $10,000; and
(d)
the total value of any compensation or other benefits paid or payable to
persons who ceased to be members, committee members, or employees
during the financial year in relation to that cessation and the number of
persons to whom all or part of that total was paid or payable; and
(e)
details of any indemnity provided by Regenerate Christchurch during the
financial year to any member, office holder, or employee; and
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(f)
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details of any insurance cover effected by Regenerate Christchurch during the financial year in respect of the liability or costs of any member,
office holder, or employee.
In subclause (1), member, office holder, and employee include a person who
was a member or office holder or employee at any time after the commencement of this Part but who is no longer a member, office holder, or employee.
Compare: 2004 No 115 s 152
65
Form and content of statement of performance
A statement of performance must, in relation to a financial year,—
(a)
be prepared in accordance with generally accepted accounting practice;
and
(b)
describe each reportable class of outputs for the financial year; and
(c)
include, for each reportable class of outputs identified in the statement of
performance expectations for the financial year,—
(i)
the standards of delivery performance achieved by Regenerate
Christchurch, as compared with the forecast standards included in
the statement of performance expectations for the financial year;
and
(ii)
the actual revenue earned and output expenses incurred, as compared with the expected revenues and proposed output expenses
included in the statement of performance expectations for the financial year.
Compare: 2004 No 115 s 153
66
Annual financial statements
(1)
As soon as practicable after the end of each financial year, Regenerate Christchurch must prepare financial statements in relation to that financial year.
(2)
The financial statements must—
(a)
comply with generally accepted accounting practice; and
(b)
include any other information or explanations needed to fairly reflect the
financial operations and financial position; and
(c)
include the forecast financial statements prepared at the start of the financial year, for comparison with the actual financial statements.
Compare: 2004 No 115 s 154
67
Statement of responsibility
The statement of responsibility must—
(a)
contain a statement of the signatories’ responsibility for the preparation
of the financial statements and statement of performance and for the
judgements in them; and
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(b)
contain a statement of the signatories’ responsibility for establishing and
maintaining a system of internal control designed to provide reasonable
assurance as to the integrity and reliability of financial reporting; and
(c)
contain a statement that, in the opinion of the signatories, the financial
statements and statement of performance for the financial year fairly reflect the financial position and operations of Regenerate Christchurch;
and
(d)
be dated and signed on behalf of the board by 2 members.
Compare: 2004 No 115 s 155
68
Audit report
(1)
Regenerate Christchurch must, as soon as practicable after the end of each financial year (not including the financial year ending 30 June 2016), forward to
the Auditor-General—
(2)
(a)
the annual financial statements and statement of performance; and
(b)
the draft annual report; and
(c)
any other information that the Auditor-General has agreed, or is required, to audit.
The Auditor-General must—
(a)
audit the statements and information referred to in subclause (1)(a) and
(c); and
(b)
provide an audit report to Regenerate Christchurch.
Compare: 2004 No 115 s 156
69
Final annual report of Regenerate Christchurch
(1)
Section 45J of the Public Finance Act 1989 (which relates to final annual reports of disestablished entities) applies to the final annual report of Regenerate
Christchurch.
(2)
Despite section 45J(3) of that Act, the Minister of Finance must, by the close of
30 June 2021, approve the transfer of the responsibility for preparing and providing the final annual report under that section to another party.
Other financial provisions
70
Restrictions on acquisition of financial products, borrowing, guarantees,
indemnities, and derivatives
(1)
Sections 160 to 164 of the Crown Entities Act 2004 apply to Regenerate
Christchurch as if Regenerate Christchurch were a Crown entity.
(2)
For the purposes of subclause (1), an approval under section 160(1)(b) of that
Act must be given jointly by the responsible Minister, the Minister of Finance,
and Christchurch City Council.
Compare: 2004 No 115 ss 160–164
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Liability for debts
Section 49 of the Public Finance Act 1989 applies to Regenerate Christchurch
as if Regenerate Christchurch were a Crown entity.
Compare: 2004 No 115 s 176
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Schedule 6
Legislative instruments revoked
s 146(2)
Canterbury Earthquake (Accident Compensation Act 2001) Order 2011
(SR 2011/37)
Canterbury Earthquake (Building Act) Order 2010 (SR 2010/315)
Canterbury Earthquake (Building Act) Order 2011 (SR 2011/311)
Canterbury Earthquake (Canterbury DHB Land Exchange) Order 2014
(LI 2014/107)
Canterbury Earthquake (Civil Defence Emergency Management Act) Order
2010 (SR 2010/316)
Canterbury Earthquake (Civil Defence Emergency Management Act) Order
(No 2) 2010 (SR 2010/482)
Canterbury Earthquake (Education Act) Order 2011 (SR 2011/38)
Canterbury Earthquake (Energy Companies Act) Order 2011 (SR 2011/215)
Canterbury Earthquake (Financial Advisers Legislation) Order 2011
(SR 2011/74)
Canterbury Earthquake (Inland Revenue Acts) Order 2011 (SR 2011/80)
Canterbury Earthquake (Land Transport Rule: Operator Licensing) Order 2011
(SR 2011/153)
Canterbury Earthquake (Local Government Act 2002) Order 2010
(SR 2010/317)
Canterbury Earthquake (Local Government Act 2002) Order 2011
(SR 2011/219)
Canterbury Earthquake (Local Government Act 2002) Order (No 2) 2011
(SR 2011/402)
Canterbury Earthquake (Local Government Official Information and Meetings
Act) Order 2010 (SR 2010/350)
Canterbury Earthquake (Local Government Official Information and Meetings
Act) Order 2011 (SR 2011/43)
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Canterbury Earthquake (Rating Valuations Act—Christchurch City Council)
Order 2013 (SR 2013/396)
Canterbury Earthquake (Rating Valuations Act—Selwyn District Council)
Order 2011 (SR 2011/217)
Canterbury Earthquake (Rating Valuations Act—Waimakariri District Council)
Order 2011 (SR 2011/218)
Canterbury Earthquake (Recovery Strategy Approval) Order 2012 (Gazette
2012, p 1745)
Canterbury Earthquake (Reserves Act—Electricity Network Recovery) Order
2011 (SR 2011/308)
Canterbury Earthquake (Resource Management Act—Electricity Network
Recovery) Order 2011 (SR 2011/309)
Canterbury Earthquake (Resource Management Act Port of Lyttelton Recovery)
Order 2011 (SR 2011/148)
Canterbury Earthquake (Resource Management Act) Order 2010 (SR 2010/318)
Canterbury Earthquake (Resource Management Act) Order 2011 (SR 2011/34)
Canterbury Earthquake (Road User Charges Act) Order 2010 (SR 2010/427)
Canterbury Earthquake (Social Security Act) Order 2010 (SR 2010/331)
Canterbury Earthquake (Social Security Act) Order (No 3) 2010 (SR 2010/484)
Canterbury Earthquake (Social Security Act) Order 2011 (SR 2011/40)
Canterbury Earthquake (Tax Administration Act) Order (No 2) 2011
(SR 2011/375)
Canterbury Earthquake (Transport Legislation—Canterbury Regional
Transport Planning) Order 2011 (SR 2011/345)
Canterbury Earthquake (Transport Legislation) Order 2010 (SR 2010/319)
Canterbury Earthquake (Transport Legislation) Order 2011 (SR 2011/39)
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Legislative instruments continued and amended
s 147
Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014
(LI 2014/228)
After clause 2, insert:
2A
Revocation of this order
This order is revoked on the close of 30 June 2021.
In clause 12(2), after “clause 9”, insert “and in any case not later than 16 December
2016”.
Replace clause 21(5)(a)(i) with:
(i)
it would be unable to make a decision on the proposal by 16 December 2016; or
Canterbury Earthquake (Earthquake Commission Act) Order 2012
(SR 2012/63)
Replace clause 3 with:
3
Revocation of this order
This order is revoked on the close of 30 June 2021.
Revoke clause 6.
Canterbury Earthquake (Historic Places Act) Order 2011 (SR 2011/231)
Replace clause 3 with:
3
Revocation of this order
This order is revoked on the close of 30 June 2021.
In clause 5(1), insert in its appropriate alphabetical order:
building has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014
In clause 5(1), replace the definition of emergency authority with:
emergency authority means an authority that may be granted under clause 10
to do anything in relation to an archaeological site that—
(a)
would, but for this order, require an authority under section 42 of the
Heritage New Zealand Pouhere Taonga Act 2014; and
(b)
is, directly or indirectly, necessary or desirable to promote any of the
purposes of the Canterbury Earthquake Recovery Act 2011
In clause 5(1), replace the definition of general emergency authority with:
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Canterbury Earthquake (Historic Places Act) Order 2011 (SR 2011/231)—continued
general emergency authority means an authority that may be granted under
clause 10 to do anything in relation to archaeological sites within a specified
area that—
(a)
would, but for this order, require an authority under section 42 of the
Heritage New Zealand Pouhere Taonga Act 2014; and
(b)
is, directly or indirectly, necessary or desirable to promote any of the
purposes of the Canterbury Earthquake Recovery Act 2011
In clause 5(1), definition of greater Christchurch, replace “section 4(1) of the Canterbury Earthquake Recovery Act 2011” with “section 4 of the Greater Christchurch
Regeneration Act 2016”.
After clause 5(3), insert:
(4)
To avoid doubt, a reference to the purposes of the Canterbury Earthquake Recovery Act 2011 applies, despite the repeal of that Act.
Replace clause 6(1) with:
(1)
Without limiting the powers of Heritage New Zealand Pouhere Taonga under
section 14 of the Heritage New Zealand Pouhere Taonga Act 2014, Heritage
New Zealand Pouhere Taonga may appoint 1 or more of its employees to be an
archaeological officer.
Revoke clause 6(3)(b).
Replace clause 6(4)(b)(ii) with:
(ii)
any functions that Heritage New Zealand Pouhere Taonga delegates to the officer under the Heritage New Zealand Pouhere
Taonga Act 2014.
Revoke clause 6(5).
Replace clause 7 with:
7
Archaeological sites not to be modified or destroyed
(1)
This clause applies instead of section 42(1) of the Heritage New Zealand Pouhere Taonga Act 2014 in relation to archaeological sites within greater Christchurch.
(2)
No person may modify or destroy, or cause to be modified or destroyed, the
whole or any part of an archaeological site if that person knows, or ought
reasonably to have suspected, that the site is an archaeological site, unless—
(a)
an authority has been granted under section 48, 56(1)(b), or 62 of the
Heritage New Zealand Pouhere Taonga Act 2014 in respect of that site;
or
(b)
an emergency authority or general emergency authority has been granted
under this order.
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2016 No 14
Canterbury Earthquake (Historic Places Act) Order 2011 (SR 2011/231)—continued
After clause 7, insert:
7A
Application of Historic Places Act 1993
The Historic Places Act 1993 applies to archaeological sites within greater
Christchurch only to the extent necessary for the purposes of—
(a)
emergency authorities and general emergency authorities granted under
this order; and
(b)
clauses 8 to 16 of this order.
After clause 8(3), insert:
(4)
Despite subclause (1), an emergency authority is not required to permit work
on a building that is an archaeological site unless the work will result in the
demolition of the whole of the building.
After clause 9(4), insert:
(5)
Despite subclause (1), a general emergency authority is not required to permit
work on a building that is an archaeological site unless the work will result in
the demolition of the whole of the building.
In clause 12(2)(b), replace “the expiry of the Canterbury Earthquake Recovery Act
2011” with “the close of 30 June 2021”.
Canterbury Earthquake (Local Government Act 2002—Retaining Walls) Order
2013 (SR 2013/33)
Replace clause 3 with:
3
Revocation of this order
This order is revoked on the close of 30 June 2021.
In clause 6(1), replace the modification of section 181(1B) with:
(1B) In this subsection and in subsections (1A) and (4A),—
greater Christchurch has the same meaning as in section 4 of the Greater
Christchurch Regeneration Act 2016
private land means private land situated within greater Christchurch
public infrastructure means community infrastructure or network infrastructure
public land means land owned or controlled by the Crown (within the meaning
of section 2(1) of the Public Finance Act 1989) or by a local authority.
Canterbury Earthquake (Rating) Order 2012 (SR 2012/147)
Replace clause 3 with:
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Greater Christchurch Regeneration Act 2016
Schedule 7
Canterbury Earthquake (Rating) Order 2012 (SR 2012/147)—continued
3
Revocation of this order
This order is revoked on 1 July 2018.
Canterbury Earthquake (Reserves Legislation) Order (No 2) 2011 (SR 2011/368)
Replace clause 3 with:
3
Revocation of this order
This order is revoked on the close of 30 June 2021.
In clause 4, definition of reserve, paragraph (a), after “any land”, insert “situated in
greater Christchurch (within the meaning of section 4 of the Greater Christchurch Regeneration Act 2016) that is”.
Canterbury Earthquake (Resource Management Act—Burwood Resource
Recovery Park) Order 2011 (SR 2011/254)
Replace clause 3 with:
3
Revocation of this order
This order is revoked on the close of 30 June 2021.
Canterbury Earthquake (Resource Management Act Permitted Activities)
Order 2011 (SR 2011/36)
Replace clause 3 with:
3
Revocation of this order
This order is revoked on the close of 30 June 2021.
In clause 7(1), definition of specified location, after “area of land”, insert “situated in
greater Christchurch (within the meaning of section 4 of the Greater Christchurch Regeneration Act 2016)”.
In clause 8(1), definition of specified location, after “area of land”, insert “situated in
greater Christchurch (within the meaning of section 4 of the Greater Christchurch Regeneration Act 2016)”.
In clause 8(1), definition of temporary depots and storage facilities, paragraph (a),
replace “Canterbury Earthquake Response and Recovery Act 2010” with “Greater
Christchurch Regeneration Act 2016”.
Canterbury Earthquake (Social Security Act) Order (No 2) 2010 (SR 2010/483)
In clause 3, replace “the close of 19 April 2016” with “the close of 30 June 2021”.
In clause 4(2), replace “Canterbury Earthquake Response and Recovery Act 2010”
with “Greater Christchurch Regeneration Act 2016”.
In clause 5, replace “Canterbury Earthquake Response and Recovery Act 2010” with
“Greater Christchurch Regeneration Act 2016”.
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Schedule 8
Greater Christchurch Regeneration Act 2016
2016 No 14
Schedule 8
Consequential amendments and revocation
s 152
Part 1
Consequential amendments
Christchurch City (Reserves) Empowering Act 1971 (1971 No 8 (L))
In Schedule 2, item 1, after “comprised in K 772554”, insert “, but excluding that
piece of land being 7 025 square metres more or less, being Section 1 Survey Office
plan 467852, comprised in computer freehold register 657422”.
In Schedule 2, after item 3, insert:
4
7 025 square metres, more or less, being Section 2 Survey Office plan 467852,
comprised in computer freehold register 658884.
Christchurch Hospital Act 1887 (1887 No 10)
In Schedule 1, after “District Survey Office, Christchurch”, insert “(but excluding all
that land being 1 016 square metres, more or less, being Section 5 on Survey Office
plan 467852, comprised in computer freehold register 657424)”.
In Schedule 4, after “Survey Office, Christchurch”, insert “(but excluding all that land
being 7 025 square metres, more or less, being Section 2 on Survey Office plan
467852, comprised in computer freehold register 658884; and all that land being
9 190 square metres, more or less, being Section 3 Survey Office plan 467852, comprised in computer freehold register 658885)”.
Ombudsmen Act 1975 (1975 No 9)
In Schedule 1, Part 2, insert in its appropriate alphabetical order:
Regenerate Christchurch
Public Audit Act 2001 (2001 No 10)
In Schedule 2, insert in its appropriate alphabetical order:
Regenerate Christchurch
State Sector Act 1988 (1988 No 20)
In Schedule 1A, delete “Canterbury Earthquake Recovery Authority” and “Department of the Prime Minister and Cabinet”.
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2016 No 14
Greater Christchurch Regeneration Act 2016
Schedule 8
Part 2
Consequential revocation
State Sector (Establishment of Canterbury Earthquake Recovery Authority as
Departmental Agency) Order 2014 (LI 2014/372)
Legislative history
19 October 2015
22 October 2015
25 February 2016
17 March 2016
29 March 2016
31 March 2016
7 April 2016
Introduction (Bill 79–1)
First reading and referral to Local Government and Environment
Committee
Reported from Local Government and Environment Committee
(Bill 79–2)
Second reading
Committee of the whole House (Bill 79–3)
Third reading
Royal assent
This Act is administered by the Department of the Prime Minister and Cabinet.
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2016
113